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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 April 19, 2007, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act in the Sungnam Support, and was sentenced to a fine of four million won for the same crime in the same court on June 12, 2012.
On March 7, 2015, at around 19:05, the Defendant driven a Poter C vehicle owned by the Defendant with a blood alcohol concentration of about 0.164% under the influence of alcohol at approximately 4km from the 4km to the street of about 151 in the same city, starting from the Posiwon in Namyang-si, Namyang-si.
Summary of Evidence
1. Defendant's legal statement;
1. Report on detection of drinking drivers and the results of crackdown on drinking driving;
1. The circumstantial report of an employee;
1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (reports on previous records and attachment of the same type of judgment);
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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., that the defendant repents and reflects his/her misconduct and that he/she has no criminal record of suspended execution or more);
1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);
1. To impose an order to attend a compliance driving lecture to prevent recidivism, taking into consideration the fact that he/she again drives under drinking, even though he/she had a record of punishment for drinking driving, such as the previous conviction on the defendant, although he/she had a record of driving under influence, etc.;