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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
[criminal power] On March 30, 2007, the defendant was sentenced to a fine of 500,000 won for a violation of the Road Traffic Act (driving) at the Seoul Eastern District Court on February 1, 2008, a fine of 1 million won for the same crime at the same court on March 28, 2008, a fine of 2 million won for the same crime in the same court on the same day, and a fine of 1.5 million won for a violation of the Road Traffic Act (Non-licensed Driving) at the same court at the Sungnam Branch of the Suwon District Court on April 12, 2010, respectively.
【Criminal Facts】
On April 23, 2014, at around 13:47, the Defendant driven B cargo vehicles with approximately 300 meters alcohol concentration 0.104% under the influence of alcohol at the section of about 300 meters from a mutually influent restaurant in the village of Gangdong-gu Seoul to the front road of the Hansan Elementary School located in the same Dong.
Accordingly, the Defendant, who was a drunk driver twice or more, driven a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. Statement on the circumstantial statement of the employee;
1. Previous records of judgment: Application of inquiries, such as criminal records, and each summary order 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 (see, e.g., reflectability, the fact that there is no previous conviction or more than a suspended sentence, and the concentration of blood alcohol and alcohol);
1. Article 62 (1) of the Criminal Act ( repeatedly considering the favorable circumstances);
1. Order to attend lectures under Article 62-2 of the Criminal Act;