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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 of the final judgment.
Reasons
Punishment of the crime
The defendant is a person who is engaged in driving a B-S cruise cruise car.
1. On July 7, 2014, the Defendant driven the said car while under the influence of alcohol with a 0.156% alcohol concentration of 0.156% at a section of approximately onem of the road of approximately 531-7, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul.
2. On July 7, 2014, at around 23:55, the Defendant driven the said vehicle under the influence of alcohol of 0.131% of alcohol concentration from a section of approximately 100 meters, from a road where it is impossible to find out the common road of the Nowon-gu, Seocheon-si, Seocheon-si to a 265-ro, Seocheon-si, Seocheon-si.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of driving under the driving under the influence of each owner;
1. Inquiry into the results of the control of drinking driving;
1. Application of Acts and subordinate statutes to inquiry reports, such as criminal records, and investigation reports (a copy of a summary order issued on the same criminal records);
1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1, 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the occupation of running sound and the choice of imprisonment, respectively);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da1548, Apr. 1, 2009);
1. Article 62 (1) of the Criminal Act on the suspension of execution;
1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;