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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 February 1, 2014, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act at the Suwon District Court on February 1, 201, and a fine of two million won for a violation of the Road Traffic Act at the Seoul Central District Court on October 14, 2014.
On October 18, 2014, the Defendant, while under the influence of alcohol of 06:35% of blood alcohol content, driven a vehicle B window at approximately 2 Kmm from the unexponed road to the Gu railway distance located in the area of the right line in Suwon-si, Suwon-si, with approximately 0.13% of alcohol content.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual state of the driver;
1. Previous records: Application of criminal records, inquiry records, and copies of summary order Acts and subordinate statutes;
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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);
1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);
1. The main sentence of Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act;