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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
Punishment of the crime
On August 20, 2010, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Changwon District Court’s branch on August 20, 201, and a fine of KRW 2 million for a violation of the Road Traffic Act (driving) at the Changwon District Court on March 28, 201.
On March 24, 2014, at around 00:30, the Defendant driven a B-learning car under the influence of alcohol content of about 1km from the front of the Gyeongnam Bank, which is located in Ulsan-gu Hodong-dong, to the entrance road of the upstream village located in the same Gu and Dong-dong.
Summary of Evidence
1. Defendant's legal statement;
1. A report on detection of a host driver;
1. Statement on the circumstantial statement of the employee;
1. Previous records: Application of the Act and subordinate statutes, such as criminal records, inquiry reports and investigation reports;
1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act that choose the penalty of imprisonment;
1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act (The favorable circumstances described below):
1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is no other penalty force, other than the fine, and the fact that the person repents wrong facts);
1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;