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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 20, 2007, the Defendant received a summary order of 1.5 million won or more as a fine for a violation of the Road Traffic Act (driving) at the Daegu District Court, and on September 18, 2012, the Defendant received a summary order of 3.5 million won or more as a fine for a violation of the Road Traffic Act (driving) at the Seo branch court of the Daegu District Court.
【Criminal Facts】
On May 29, 2015, at around 22:42, the Defendant driven a Flearning car in the state of alcohol alcohol concentration of about 200 meters from the front of the “C” road to the front of the “E” restaurant located in D, to the front of the “E” restaurant.
As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, and drives a car under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the status of the driver;
1. Previous records: Application of criminal records, etc. 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 (see, e.g., Article 62 (1) of the Criminal Act);
1. Article 62-2 of the Criminal Act to provide community service or attend lectures;