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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 September 9, 2010, the Defendant issued a summary order of KRW 3,00,000 each by the same court as a fine of KRW 1,50,000 due to a violation of the Road Traffic Act (unlicensed Driving) at the Incheon District Court’s Branch on May 25, 2011, and a fine of KRW 1,00,000 due to a violation of the Road Traffic Act (Unlicensed Driving) at the Incheon District Court’s Branch on May 25, 201, and on June 20, 2011.
【Criminal Facts” around 00:10 on November 14, 2013, the Defendant driven a B tecina car with approximately KRW 500 meters from the road front of the “Hana” House located in the Nam-gu Incheon Nam-dong, Incheon to the road front of the same 635-1, while under the influence of alcohol 0.068% of the blood alcohol concentration.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the control of drinking driving;
1. Previous records: Application of inquiry reports and investigation reports, including criminal records, and 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. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., the fact that the mistake of a person is recognized and reflected, the drinking water is relatively low, and the same crime does not have any record of being sentenced to the punishment heavier than the fine);
1. Article 62 (1) of the Criminal Act on the suspension of execution (the preceding part of the Criminal Act shall be repeatedly considered for the benefit of the defendant);
1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;