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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 March 18, 2011, the Defendant was issued a summary order of 2.5 million won by a Seoul Eastern District Court for a crime of violation of the Road Traffic Act. On October 20, 2011, the Defendant was sentenced to a fine of 6 million won by a Suwon District Court for a crime of violation of the Road Traffic Act.
On April 26, 2014, at around 07:25, the Defendant driven a D Uidi vehicle with approximately 30 meters alcohol concentration 0.075% under the influence of alcohol at a section of about 30 meters from the front of the restaurant for the “bridge potato,” which is located in the Suwon-si transferdong, to the front of the Dongwon post office located in the same Dong.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;
1. Previous records: Application of inquiry statements, investigation reports, and statutes, such as criminal records;
1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered for the favorable reasons among the reasons for probation under the following year);
1. Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act refers to the prior wife of a fine even if the defendant has already been punished by a fine due to drinking driving on one occasion, but the defendant has already been punished by drinking driving on three occasions, and thus, has no choice but to sentence imprisonment: Provided, That the execution of the sentence shall be postponed by taking into account that the defendant
1. Article 62-2 (1) and (2) of the Criminal Act of the Act on Probation and Order to Attend Courses;