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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 November 1, 2007, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (driving) in the Suwon District Court’s Ansan Branch, and was sentenced to a fine of KRW 3.5 million for the same crime on October 23, 2009.
On February 10, 2014, at around 20:10, the Defendant driven BM5 car under the influence of alcohol content 0.205% with approximately 1km from the Do in front of the influent restaurant in Ansan-si, Sinsan-si to the 2130 front road in the city of Sinung-si, the Defendant driven BM5 car under the influence of alcohol content.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Written consent to the collection of blood and written appraisal;
1. Investigation reports (HE) and report on the status of the driver;
1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment);
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 should be punished strictly in light of the fact that the probation and community service order had the record of being punished twice due to drinking driving and traffic accident even before the reason of sentencing under Article 62-2 of the Criminal Act, and the driving in drinking condition again, and the blood alcohol concentration at the time of detection was considerably high. However, the defendant is against the defendant, and there is no other criminal history than the above drinking prior to the above drinking, and the defendant's age, family relationship, living environment, etc. are considered.