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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 29, 2011, the defendant has been sentenced to a summary order of a fine of three million won or more due to a violation of the Road Traffic Act by the Daegu District Court on March 29, 201, and on January 23, 2013, a summary order of a fine of four million won or more due to the same crime was issued by the same court on January 23, 201, and has been punished on at least two occasions due to a violation of the Road Traffic Act.
Criminal facts
On January 26, 2013, at around 21:45, the Defendant driven a Brano motor vehicle with a blood alcohol content of about 0.092% from the 3km section from the front of a restaurant in the middle-gu Suwon-gu, Daegu Singu to the front road of the 3km-gu, Busan Metropolitan City, Busan Metropolitan City.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. The circumstantial report of an employee;
1. A report on detection of a host driver;
1. Notice of completion of correction;
1. Previous records: Application of criminal records, etc. inquiry reports and investigation reports (including a copy of the summary order attached thereto) Acts and subordinate 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reasons for sentencing under Article 62-2 of the Criminal Act, including the fact that the defendant was committed again despite the majority of his previous convictions in the same kind of crime, shall be determined as follows: however, in light of the fact that the defendant has no criminal record of suspended execution or more, and that the defendant does not reach recidivism, the punishment as ordered shall be determined in light of the fact that the defendant is committed again.