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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
Criminal facts
On December 12, 2008, the Defendant received a summary order of KRW 700,000 from the Daejeon District Court to a fine for a violation of the Road Traffic Act, and on November 22, 2010, a summary order of KRW 2.5 million was issued by the same court as a fine for the same crime.
On July 27, 2012, at around 23:35, the Defendant driven a car with approximately 100 meters at the distance from the front side of the sea sulfur restaurant located in the Daejeon Jung-gu Daejeon-dong to the front side of the said large building, while under the influence of alcohol of 0.131% of alcohol content.
Summary of Evidence
【Criminal Facts in the Market】
1. Defendant's legal statement;
1. Entry of the results of the control of drinking driving, the report on the situation of drinking drivers, the report on the request for appraisal, the report on the detection of drinking drivers, and the report on the detection of drinking drivers, respectively; and
1. Application of each Act or subordinate statute of the criminal history record, reference report, and investigation report (a copy of the summary order attached);
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;
2. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 2, 201; Supreme Court Decision 201Da1548, Apr. 2,
3. Article 62 (1) of the Criminal Act on the suspension of execution (the same consideration as the previous one); and
4. An order to attend a lecture shall be rendered for the reasons under Article 62-2 (1) of the Criminal Act and Article 59 of the Act on Probation, etc.