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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 of the final judgment.
Reasons
Punishment of the crime
On January 29, 2014, the Defendant was sentenced to a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act, and on June 19, 2009, the same court issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act, and on June 19, 2009, three times the records of punishment for a crime of violating the Road Traffic Act.
From February 2, 2014 to April 22, 2014, the Defendant, while under the influence of alcohol of 00:04, Apr. 6, 2014, the Defendant driven a Cart car in the section of approximately 1 km from the section of the Korea-style apartment to the road front of the Korea-style apartment located in the same Sindong at the same time, while under the influence of alcohol of 0.08% of the blood alcohol concentration of 0.08%.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the control of drinking driving;
1. Registers of driver's licenses;
1. A previous conviction in judgment: An inquiry report and an investigation report (a report on the confirmation of the same kind of power);
1. Habituality of judgment: Application of the Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the fact that the same kind of crimes are repeated several times in a planned and organized manner in the judgment;
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);
1. Although the reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant, having been punished three times for drunk driving and one time for unlicensed driving, once again led to the instant crime; (b) the Defendant’s disposal of the vehicle by failing to commit the same kind of crime.