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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 November 21, 2008, the Defendant is a person who violated Article 44(1) of the Road Traffic Act by receiving a summary order of KRW 700,000 from the Suwon District Court to a fine of KRW 700,000 as a violation of the Road Traffic Act (driving) and KRW 5 million as a violation of the Road Traffic Act (driving) from the Suwon District Court on March 27, 2013 at least two occasions.
【Criminal Facts】
On June 27, 2015, around 00:30 on the 00:0 on the 27th day of 2015, the Defendant driven a B tecin car with a blood alcohol concentration of about 0.217% from the 5km section of approximately 5km to the road in front of the 709-dong, Jinnam-Eup's Seoul Special Metropolitan City.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of drinking drivers, and notification of the results of the control of drinking driving;
1. Criminal records as indicated in the judgment: Application of criminal records, reply reports on criminal records, investigation reports (formers and confirmation reports) 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 (i.e., the fact that the commission of a crime is recognized and reflected, and that there is no criminal record exceeding the fine);
1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);
1. Order to attend lectures under Article 62-2 of the Criminal Act;