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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 December 8, 2006, the Defendant issued a summary order of a fine of three million won at the Changwon District Court for a violation of the Road Traffic Act (driving) at the Changwon District Court on December 8, 2006, and on October 15, 2007, a fine of three million won at the same court due to the same crime, etc., and the same criminal records are more than five times.
【Criminal Facts】
On May 25, 2013, at around 22:27, the Defendant, while under the influence of alcohol of 0.122% of blood alcohol content, driven a C Lart car from the Do in front of a mutually influent restaurant located in the window bend of the Changwon-si, Changwon-si to the front of the luxal square in the same Dong.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the control of drinking driving;
1. Previous convictions: Application of inquiry reports and copies of summary order 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 (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The reason for sentencing under Article 62-2(1) of the Criminal Act on probation and order to attend a lecture shall be determined by the suspension of the execution of sentence, taking into account the fact that the defendant, for the reason of sentencing under Article 62-2(1) of the Criminal Act, even though he/she had five times or more as a drinking driving since 200, and even if he/she had the same record of punishment, he/she has
In addition, probation and lecture order is added in order to encourage the eradication of drinking driving.
It is so decided as per Disposition for the above reasons.