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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 July 30, 2012, the Defendant was sentenced to a fine of five million won for a violation of the Road Traffic Act (driving) at the Seoul Western District Court on July 30, 2012, and on March 27, 2013, the Defendant was sentenced to a summary order of 1.5 million won for a violation of the Road Traffic Act (driving and Unlicensed Driving) and was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act, and
At around 07:30 on June 4, 2014, the Defendant, while under the influence of alcohol of 0.07:075% of blood alcohol content, was driving a car by bluring the car at a distance of about 1 km from Seodaemun-gu Seoul (Seoul) to 147 front roads in Mapo-ro Seoul, Mapo-ro.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on driving of a driving school and on the circumstantial statement of a driving driver;
1. Previous records: Application of inquiries and investigation reports on criminal records, etc. and Acts and subordinate statutes;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (i.e., that a person does not drive under the influence of alcohol in the future as he/she repents wrongs);
1. Article 62 (1) of the Criminal Act (Taking into account the same circumstances as the above);
1. In light of the fact that the defendant, who has been subject to three times punishment due to the driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, is also subject to the punishment of the crime. However, the defendant's mistake is recognized and reflected, there is no previous conviction exceeding the fine, the fact that the defendant does not cause a traffic accident due to the driving of this case, etc. shall be considered as favorable circumstances, and the punishment as ordered shall be determined by taking into account all other circumstances, such as the character, conduct and environment of the defendant, etc.