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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 January 18, 2012, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (driving) at the Daegu District Court on January 18, 2012, and a fine of KRW 2.5 million by the same court on March 26, 2012.
On December 5, 2014, at around 22:30, the Defendant, while under the influence of alcohol of 0.142 percent of blood alcohol concentration, driven B-low-income car in the section of approximately three kilometers from the four distance near Daegu-gu Gayang-ro (Seoul-dong) to the four kilometers away from the horizontal market located inside the same epo-ro (pan-dong) of the same epoch-gu.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the occurrence of a traffic accident and a report on actual condition investigation;
1. A report on the actual state of the driver;
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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act (i.e., reflectiveness, the fact that a suspended sentence is not committed, the fact that there is no criminal record of a suspended sentence or heavier);
1. Article 62-2 of the Criminal Act to provide community service or attend lectures;