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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 17, 2009, the Defendant received a summary order of KRW 600,000 as a fine for a violation of the Road Traffic Act from the 2nd Military Court of the Army on September 17, 2009, and a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act from the Ulsan District Court on December 29, 201.
On April 11, 2014, under the influence of alcohol of 0.141%, the Defendant driven a car B in the 1km section from a Do near the home plug located in Ulsan-gu to the front road of the luminous conference located in the same Gu.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of a driving under the influence of alcohol and that on the control of drinking driving;
1. Previous convictions indicated in judgment: References to criminal records and investigation reports (attached to summary orders for the same type of crime) shall be applicable;
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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The sentence of Article 62-2(1) of the Criminal Act provides that a defendant is subject to a fine even if he/she was sentenced to a fine for the reason of sentencing under Article 62-2(1) of the order to attend a school, and thus, he/she is obliged to choose imprisonment. However, considering the fact that the defendant's mistake is deeply divided, and there is no criminal record other than the fine, the risk of recidivism is recognized in light of the circumstances leading up to the crime and criminal records, etc., by suspending the execution of the sentence. Thus, it is so decided as per Disposition on the grounds that he/she added the