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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
[criminal power] On February 13, 2009, the Defendant was issued a summary order of KRW 700,000 as a crime of violating the Road Traffic Act (driving) at the inn branch of Suwon District Court on February 13, 2009, and on March 15, 2016, issued a summary order of KRW 1,50,000 as a fine for the same crime by the same court.
【Criminal Facts】
On August 5, 2016, at around 22:20 on August 5, 2016, the Defendant driven Cpphool car at approximately 30 km from the vicinity of the Gangnam-gu Cheonggu Seoul Cheonggudong to the front of the Yangyeong-gun.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual status of a host driver;
1. Notification of the control of drinking driving;
1. Previous records: Criminal records, inquiry reports, and application of Acts and subordinate statutes to 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 which choose the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act in the suspension of execution (including circumstances in which no record of punishment heavier than a fine exists);
1. Social service order under Article 62-2 of the Criminal Act;