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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 February 5, 2010, the Defendant was sentenced to a summary order of KRW 2 million by a fine for a violation of the Road Traffic Act at the Incheon District Court on February 5, 2010, and on February 29, 2008, the above court issued a summary order of KRW 500,000 as the same crime, respectively, and was punished twice for a violation of the Road Traffic Act (driving).
On January 21, 2014, at around 22:05, the Defendant driven a B-hand car under the influence of alcohol with approximately 300 meters alcohol concentration of approximately 0.137% from the 300-meter section to the front road of the complete elementary school in the same Dong, Seo-gu Incheon Metropolitan City.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving and the situation of driving under drinking;
1. Application of Acts and subordinate statutes to investigation records, investigation reports (a) and summary order attached to the same type of power);
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: Six months of imprisonment, two years of suspended sentence, 40 hours of an order to attend a compliance driving lecture [w], the reflectivity of the accused, or the fact that there is no criminal record of a suspended sentence or heavier punishment (unfavorable circumstances] three times of drinking driving records;