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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 25, 2008, the Defendant issued a summary order of 700,000 won of a fine due to a violation of the Road Traffic Act in the Daegu District Court Kimcheon-gu Branch on March 25, 2008; on September 30, 2008, the Defendant issued a summary order of 2 million won of a fine for the same crime in the same court; and on May 14, 2012, the Defendant was issued a summary order of 5 million won of a fine for the same crime in the same court.
Although the Defendant was punished twice or more due to drinking, on July 25, 2015, at around 23:46, the Defendant driven a B low-speed car with approximately 5km alcohol content 0.122% under the influence of alcohol, from the road front of the Sinpon Gidong Gi-si Simppon to the front road of the Sinpon-dong food materials horse.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of running a motor vehicle under consideration, and the statement on the state of standing of the motor vehicle under consideration;
1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (a report on confirmation of the same criminal records);
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 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (this shall not apply to any punishment heavier than the suspension of execution due to any criminal act committed for the same crime, there is no accident that has led to the attempts to commit the crime, and consideration, such as the confession of the crime and the violation of depth);
1. Article 62 (1) of the Criminal Act on the suspension of execution;
1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;
1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;