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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 23, 2011, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Incheon District Court on February 23, 201, and a fine of KRW 5 million for a violation of the Road Traffic Act at the Pyeongtaek District Court on October 12, 2012.
On October 30, 2013, at around 21:25, the Defendant driven a B car under the influence of alcohol concentration of about 200 meters from the front of the Pyeongtaek apartment located in Pyeongtaek-si to the road located in the above Goduk-si, the Defendant driven a B car under the influence of alcohol concentration of about 0.128%.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the status of running a motor vehicle under consideration, report on the status of operating a motor vehicle under consideration, report on the status of the motor vehicle under consideration;
1. Previous records: The application of criminal records, inquiry and other 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. In light of the fact that the defendant committed the crime again even though he had had the record of punishment twice due to drinking driving, etc., the punishment for the crime is not less light of the fact that the defendant committed the crime.
However, punishment shall be determined by taking into account various sentencing factors, such as the defendant's age, occupation, family environment and criminal records, including the fact that the defendant is against the defendant's recognition of the crime and that the defendant has no criminal record exceeding the fine, etc., and a suspended sentence shall be imposed on the condition that