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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 August 22, 2008, the Defendant was sentenced to a summary order of a fine of three million won by violating the Road Traffic Act (Crime of Drinking Driving) at the Suwon District Court on August 22, 2008, and on July 17, 2009, the Defendant was sentenced to a summary order of four million won by a fine for the same crime, etc. at the same court on July 17, 2009.
On May 5, 2015, at around 06:25, the Defendant driven approximately 3 kilometers in B Ethmp car from the street in the center of the members of Ansan-si, Ansan-si to the street in front of the Taesung-si located in the 781 Dong-dong of the same Gu.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of running a motor vehicle under the influence of alcohol;
1. Making a report on the control of drinking driving;
1. Previous records of judgment: Application of criminal records, reply reports, investigation reports (a) and 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The defendant of reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. committed the crime of this case again despite the fact that he had been punished several times, such as imprisonment with prison labor, suspended sentence, and fine, due to the same crime. The fact that the blood alcohol concentration at the time of the crime of this case was relatively high, and the risk of drinking driving is needed to punish the defendant with heavy punishment corresponding thereto.
However, the above punishment shall be determined in consideration of all the sentencing factors of this case, including the defendant's age, character and conduct, environment, and circumstances after the crime.