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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
【Criminal Power】 On October 22, 2009, the Defendant received a summary order of KRW 2 million from the Incheon District Court to a fine of KRW 1 million for a violation of the Road Traffic Act. On May 21, 2012, the Incheon District Court received a summary order of KRW 2 million for a violation of the Road Traffic Act.
【Criminal Facts】 around 08:50 on September 30, 2013, the Defendant driven a rash car under the influence of alcohol with a blood alcohol concentration of 0.078% from the 3km section of approximately 0.078% from the front side of Taecheon apartment located in Seo-gu, Seo-gu, Incheon Metropolitan City to the intersection located in 119-22, Seo-gu, Incheon Metropolitan City.
Summary of Evidence
1. Defendant's legal statement;
1. A written appraisal of blood alcohol;
1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;
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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., the fact that the mistake of a person is recognized and reflected, and the fact that there is no other criminal record, other than the recorded criminal records in the judgment);
1. Article 62 (1) of the Criminal Act on the suspension of execution (the preceding part of the Criminal Act shall be repeatedly considered for the benefit of the defendant);