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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 September 27, 2010, the Defendant issued a summary order of KRW 2,50,000,000 as a fine for a violation of the Road Traffic Act at the Suwon District Court’s Eunpyeong site, and on August 19, 201, the same court issued a summary order of KRW 2,00,00,000 as a fine for a violation of the Road Traffic Act.
On October 7, 2013, at around 02:00, the Defendant driven C dump trucks under the influence of alcohol concentration of about 0.095% at the 7km section of Pyeongtaek-si from the front side of Pyeongtaek-si Doll apartment to the front side of Pyeongtaek-si Doll apartment.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the status of a prime driver, report on the request for appraisal, report on the entrustment of appraisal, and report on the qualification of a prime driver;
1. Previouss before ruling: Criminal history records, inquiry reports, and application of 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;
1. In light of the fact that the Defendant again committed the above crime despite the fact that the reason for sentencing under Article 62-2 of the Criminal Act was already punished several times due to drinking driving, and that the Defendant caused an accident during the instant crime, the criminal liability is not easy.
However, the sentence shall be determined in consideration of various sentencing factors, such as the defendant's age, occupation, and criminal records, including the fact that the defendant is against the recognition of the crime, and the sentence of suspension of execution is to be imposed on the condition that the order