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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
On August 11, 2008, the Defendant was issued a summary order of KRW 1.5 million by a fine for a violation of the Road Traffic Act at the Seoul Central District Court on August 11, 2008, and on March 31, 2010, issued a summary order of KRW 3 million by the Busan District Court on the same crime, etc.
On November 1, 2014, around 00:22, the Defendant driven B-low-income vehicle under the influence of alcohol with approximately KRW 0.160% of alcohol content at a section of about 200 meters from the parking lot for the lake park located in the Goyang-dong Port, Seoyang-si to the front road of the sea restaurant located in the same lake of 606.
Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. Inquiries about the results of crackdown on drinking driving;
1. A report on the detection of a host driver;
1. Response to the request for appraisal;
1. Previous records: Application of inquiries and replies to inquiries, such as criminal records;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The decision to punish a defendant on the grounds of sentencing under Article 62-2 of the Criminal Act shall be made by selecting imprisonment with prison labor in consideration of his/her previous record of drunk driving (in the last ten years, two times within the last five years, and one of them is less than 0.160%), his/her drinking level (in the last five years), etc., and the distance and place of drunk driving, the reason why he/she is making a drunk driving, the background leading up to his/her drunk driving, his/her age, character and conduct, environment, motive, means, means and consequence of the crime