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A defendant shall be punished by imprisonment for six months.
except that 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 May 24, 2011, the Defendant was notified of a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) at the Sungwon District Court's Sungnam Branch's branch on January 2, 2012, and a fine of KRW 2,50,000 as the same crime in the above court on January 2, 201, and was under the influence of alcohol concentration of KRW 0.117% during blood, while under the influence of alcohol level of KRW 0.17% on March 30, 2014.
Summary of Evidence
1. Defendant's legal statement;
1. Second-time protocol concerning the examination of the suspect against the accused;
1. The ledger of driver's licenses, a report on detection of a motor vehicle driver (Evidence No. 6), and a statement of de facto status of a motor vehicle driver (Attachment No. 7 of the same list);
1. Previous convictions indicated in judgment: Criminal records (Evidence No. 20), and application of Acts and subordinate statutes of two summary orders;
1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (a point of driving sound), subparagraph 1 of Article 152 and Article 43 of the same Act;
1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment shall be imposed on a person who commits a crime of violating the Road Traffic Act due to the influence of alcohol heavier than the punishment, but choice of imprisonment shall be imposed);
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act (the execution of a sentence shall be suspended in consideration of the fact that the person has been sentenced to a fine three times as a result of a crime of violating the Road Traffic Act resulting from a drunk driving, although he/she has the record of being sentenced to a fine, no record exists and all of the crimes are