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1. The defendant shall be punished by imprisonment for six months;
2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;
3.
Reasons
Punishment of the crime
On November 27, 2006, the Defendant issued each summary order of KRW 2 million by the Gwangju District Court due to a crime of violation of the Road Traffic Act (driving) and on May 23, 201, the same court issued each of the summary orders of KRW 5 million due to a crime of violation of the Road Traffic Act (driving).
On November 25, 2014, at around 00:45, the Defendant driven a Bone Star 6-bandon vehicle from the front side of the reservoir located in the Gwangju Dong-dong to the front side of the gas station located in the Nam-gu Namdong-gu, Gwangju, Nam-gu, Gwangju, with a alcohol content of 0.142%.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual state of the driver;
1. Previous convictions indicated in judgment: Criminal history records, probationary records, amounts of previous dispositions, results of confirmation, and application of each summary order Acts and subordinate statutes;
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 (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);
1. Reasons for sentencing under Article 62-2 of the Criminal Act;
1. The scope of applicable sentences under Acts: Imprisonment for not less than six months up to one year and six months; and
2. Application of the sentencing criteria: The sentencing criteria shall not apply to a crime for which the sentencing criteria are not set. 3. The sentencing criteria shall not apply to a crime for which the sentencing criteria are not set. 6 months have been set: imprisonment for 6 months; the defendant for 2 years a stay of execution on November 27, 2006, a fine of 2 million won due to a violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act (non-licenseless) at the Gwangju District Court on November 27, 2006; the court on May 23, 2011, has the record of issuing a summary order of 5 million won a fine due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (U.S.) and a violation of the Road Traffic Act (U.S.). In light of the fact that the blood alcohol concentration of the defendant at the time of the instant case was higher than 0.
However, the defendant.