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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 May 8, 2012, the Defendant was sentenced to a fine of one million won for the crime of violation of the Road Traffic Act in the Busan District Court on May 8, 2012, and a fine of three million won for the crime of violation of the Road Traffic Act in the Busan District Court on January 31, 2013.
On February 21, 2015, at around 22:00, the Defendant driven a B-6 car under the influence of alcohol level of about 0.166% at a section of about 5km from the public parking lot located in the Geumcheon-gu Busan Metropolitan City to the front road of Samsung Service Center located in the same city-dong at the same time.
Summary of Evidence
1. Defendant's legal statement;
1. Written consent to the collection of blood, inquiry report for appraisal, and written report on the driver of a drinking water;
1. Previous records: Criminal records, inquiry reports, and application of Acts and subordinate statutes to criminal records, investigation reports (Attachment of criminal records of the same kind of power as a suspect);
1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;
1. Selection of imprisonment with prison labor because of the same kind of crime committed;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( normal circumstances, such as the reflection of the accused and the fact that there is no record of the crime exceeding the fines);
1. Article 62 (1) of the Criminal Act on the suspension of execution;
1. Article 62-2 of the Criminal Act to provide community service or attend lectures;