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A defendant shall be punished by imprisonment for one year.
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 July 17, 2008, the Defendant was notified of a summary order of KRW 1,50,000 as a crime of violation of the Road Traffic Act, and on December 2, 2009, the Defendant was notified of a summary order of KRW 2,00,000 as a fine for the same crime in the same court on December 2, 2009, and on October 7, 201, the Defendant was notified of a summary order of KRW 2,50,000 for the same crime in the same court on October 7, 201.
On June 28, 2014, at around 23:35, the Defendant driven a car with Churburged while under the influence of alcohol 0.204%, on the road of approximately 2 meters in front of the “hurg hump” located in the downstream-dong, Seocheon-si, Seocheon-si.
Summary of Evidence
1. Defendant's legal statement;
1. Report on detection of a host driver and report on the circumstances of a host driver;
1. Previouss before ruling: Application of Acts and subordinate statutes, such as inquiry reports on criminal records, such previous records and filing of summary orders;
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. Article 62 (1) of the Criminal Act;
1. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures, despite the fact that the Defendant had been punished three times of a fine due to drinking driving, the Defendant committed another offense, and the nature of the offense is not good because the blood alcohol concentration is very high.
However, in addition to the above punishment power, the punishment shall be determined as ordered by taking into account the fact that there is no record of criminal punishment, and all other sentencing conditions.