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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 November 14, 2007, the Defendant received a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act from the Seo-gu District Court Branch on the same day, and the above court received a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act.
【Criminal Facts” around November 23:35, 2014, the Defendant driven a B car with blood alcohol content of about 100 meters from the front of the SK Sports Center in Ulsan-gu to the front road of the camping market in the same Dong from around 100 meters.
Summary of Evidence
1. Defendant's legal statement;
1. C’s statement;
1. The actual survey report and the accident site photograph;
1. Report on detection of a host driver and report on the circumstances of a host driver;
1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (a copy 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing of Article 62-2 of the Criminal Act on the order to provide community service and attend lectures is that the defendant repeats the same kind of crime even though he/she had been punished twice due to drinking driving, and the current Road Traffic Act stipulates that the person who has violated the prohibition of drinking driving at least twice shall be punished more strictly.
It is the sentencing factor favorable to the defendant that the defendant has committed a crime, and that the defendant has no criminal records of the same kind above the suspended sentence.
In addition, in consideration of the age, character and conduct, environment, circumstances after crimes, etc. of defendants, the sentence shall be determined as per the order and the execution of the sentence shall be suspended, but community service and compliance driving lecture shall be ordered.