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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 August 4, 2011, the Defendant issued a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act, at the Chungcheong District Court’s Chungcheong Branch Branch, and on October 5, 2012, the Defendant issued a summary order of KRW 2,00,000 as a fine for the same crime in the same court.
The defendant is a person who drives B Poter Cargo Vehicles.
On August 16, 2013, at around 20:15, the Defendant driven the said vehicle at a section of about 15 meters from the front of the Danyang-gun Audio-gun, Chungcheongnam-gun, Chungcheongnam-do, and the front of the same Riyang-do, while under the influence of alcohol with a 0.126% alcohol concentration.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Statement of the status of the driver;
1. Application of Acts and subordinate statutes to inquiry reports on criminal records, etc. and investigation reports (report accompanied by a copy of summary order);
1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act that choose the penalty; Selection of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant again commits the instant crime even though he/she had a two-time driving record, and the circumstances favorable to the purport of amending the Road Traffic Act to strengthen the punishment for drunk driving: The defendant reflects his/her crime and other circumstances attached to the sentencing indicated in the records, such as the defendant's age, character and conduct, occupation and family environment, shall be taken into consideration.