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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 of the final judgment.
Reasons
Punishment of the crime
On May 13, 2008, the Defendant was sentenced to a fine of KRW 1.5 million by the Incheon District Court for the crime of violation of the Road Traffic Act, and a fine of KRW 4 million by the above court on July 7, 2008, respectively.
At around 21:50 on June 18, 2014, the Defendant driven a B-car under the influence of alcohol content of about 20 to 0.097% from the 20-30m section of blood alcohol content from the place on which the Government-dong New Market Site was situated in the Gu-dong Do Government-si to the same Si-Do Gyeong-ro’s Gyeong-dong Station to the front road in front of the Gyeong-dong Station.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstances of driving under the influence of alcohol, inquiry into the results of crackdown on driving under the influence of alcohol, and report on the circumstantial statement of the driver under the influence of alcohol;
1. Application of statutes to a reply to criminal records, etc.;
1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting the crime. Article 148-2 (1) of the same Act.
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act. Article 55 (1) 3 of the Criminal Act
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. Determination of sentence: Imprisonment with prison labor for six months, suspension of execution for two years, suspension of education for forty hours (limited to reasonable circumstances), serious reflect on the order to attend a lecture, and repeated drinking driving of a person who has no record of a crime above the suspension of execution for a certain period of time;