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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 January 28, 2008, the Defendant received a summary order of KRW 1.5 million from the Ulsan District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 2.5 million from the same court on April 15, 201 to a fine for a violation of the Road Traffic Act.
【Criminal Facts of Crimes】 around 05:00 on July 27, 2014, the Defendant driven a vehicle with blood alcohol content of at least 0.285% under the influence of alcohol at approximately 400 meters from the 400-meter section from the 0.285% under the influence of alcohol, from the 05.285% from the 400-dong, Ulsan-gu, Ulsan-gu school.
Summary of Evidence
1. Defendant's legal statement;
1. Statement on the circumstances of a drinking driver, report on the circumstances of a drinking driver, and inquiry into the results of the crackdown on drinking;
1. Application of Acts and subordinate statutes to inquiry reports and investigation reports (attached reporting to summary orders);
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, 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. Although it is not good that a person has driven a drinking again even after having been sentenced to the same criminal records and two times for the reason of sentencing under Article 62-2 of the Criminal Act, the punishment shall be determined by taking into account the following factors: (a) the fact that the person has committed a mistake; (b) the person has no criminal records since 2011; and (c) the sentencing data indicated in the records, such as the