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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 November 27, 2009, the Defendant was sentenced to a fine of KRW 700,00 as a crime of violation of the Road Traffic Act (driving) at the Chungcheong District Court's Chungcheong Branch on November 27, 2009, and a fine of KRW 1,50,000 as a crime of violation of the Road Traffic Act (driving) at the Chungcheong District Court's Chungcheong Branch on September 22, 201.
On April 18, 2013, at around 20:18, the Defendant driven a car in B, one’s possession, while under the influence of alcohol 0.053% of the blood alcohol concentration, with approximately KRW 900 meters in front of the chinese of the Chinese House located in the same Dong in front of the chinese.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Statement of the status of the driver;
1. Application of Acts and subordinate statutes to inquiry reports on criminal records, etc. and investigation reports (former records and reports attached to judgments);
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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that the instant crime was committed again despite the previous convictions for two drinking trials, the risk of drunk driving, and the circumstances favorable to the purport of the revision of the Road Traffic Act to strengthen the punishment for drunk driving: The Defendant does not have any previous convictions exceeding the fine; the Defendant reflects the crime; and other circumstances that are the conditions for sentencing indicated in the records, such as the Defendant’s age, character and behavior, occupation and home environment, shall be taken into account