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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 May 28, 2008, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act from the Suwon District Court’s Eunpyeong Site as well as a summary order of KRW 2,50,000 as a fine for the same crime in the same court on March 15, 2010.
On September 22, 2014, at around 23:30, the Defendant driven B car at a section of about 100 meters from the roads adjacent to the Ansan apartment in the same Han-dong, Ansan-dong, Ansan-dong, in the state of under the influence of alcohol of 0.177% of blood alcohol level.
Summary of Evidence
1. Defendant's legal statement;
1. Reporting on the state of driving under the influence of alcohol and making a report on the control of drinking driving;
1. Records before judgment: Application of inquiries about criminal records, etc. and a copy of each summary order;
1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. It is so decided as per Disposition in view of the fact that the defendant, with the reason of sentencing under Article 62-2 of the Criminal Act, drives a motor vehicle in a state of considerable drinking alcohol even though he/she had the same history of driving at least twice, in light of the fact that he/she drives a motor vehicle in a state of considerable drinking, the criminal liability is very high. However, the defendant recognizes the facts charged in this case and reflects his/her wrongness, again, the defendant does not engage in driving a motor vehicle, there is no history of punishment exceeding the fine imposed on the defendant, and other circumstances shown in the records,