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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 June 15, 2011, the Defendant was issued a summary order of 2.5 million won by a fine for a violation of the Road Traffic Act in the Daegu District Court Kimcheon-do, and a summary order of 2 million won by the same court on January 31, 2013, respectively.
On May 25, 2014, at around 18:00, the Defendant driven a motor vehicle B, under the influence of alcohol, with approximately 10km alcohol content 0.223% from the section of approximately 10km from the side of the bridge of the Southern-gu Bridge, Nam-gu, Seoul, to the string distance in the same city.
Accordingly, the Defendant again driven a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act as a person who violated Article 44(1) of the Road Traffic Act more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. A traffic accident report and a report on the actual state of a driver;
1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to a summary order of the same 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 (limited punishment should be imposed in that it is highly high in the amount of negative values and causes an accident, but only material damage was caused, and the victim did not have any previous record other than the previous record in the judgment, the confession and reflect of the crime, and other factors taken into account the family relationship and workplace relationship of the defendant);
1. Article 62 (1) of the Criminal Act on the suspension of execution;
1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;