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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 July 21, 201, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) in the Goyang Branch of the District Court on July 21, 201, and was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act (driving) in the Goyang Branch of the District Court on December 27, 2013.
On February 4, 2015, at around 21:30, the Defendant driven a typous car with approximately 500 meters alcohol level B while under the influence of alcohol level of about 0.143% at a section of approximately 500 meters from the ELmchemical parking lot located in the Sinsan-Eup, Seoul to the front road of the “Seosan Cultural Center” located in the same Eup.
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. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;
1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (including attachment of summary orders, evidence 10, 11, and evidence of final-use power);
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. Article 62 (1) of the Criminal Act;
1. The punishment as ordered shall be determined by taking into account the following factors: the reason for sentencing under Article 62-2 of the Criminal Act; the reflectivity of the defendant; the period of the immediately preceding punishment; the time gap between the time when the crime was committed; the alcohol level of this case; the circumstances of the crime; the age, character and conduct of the defendant; and all other conditions of sentencing: