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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 September 29, 2010, the Defendant was sentenced to a fine of KRW 1,50,000 for a violation of the Road Traffic Act (driving) in the Goyang Branch of the District Court of Jung-gu on September 29, 2010, and a fine of KRW 2,50,000 for the same crime in the same court on April 3, 2014.
On December 3, 2014, the Defendant, while under the influence of alcohol at 0.068% of blood alcohol level, driven a DNA car from around 300 meters to the front of the restaurant “sea in the same Dong” located in the Goyang-dong Port-dong, Goyang-si.
Accordingly, even though the Defendant violated the prohibition of drunk driving more than twice, the Defendant was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial report on the drinking driver and the blood alcohol appraisal report;
1. Records of judgment: Application of criminal records, inquiry and Acts and subordinate statutes;
1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;
1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (see the following reasons for sentencing):
1. Article 62(1) of the Criminal Act (see the following reasons for sentencing)
1. The reason for sentencing under Article 62-2 of the Criminal Code, even though the defendant had already been punished twice due to drinking driving, and again, he/she is required to make a strict punishment.
However, in consideration of the fact that the defendant's mistake recognized and divided, there is no other punishment except the above drinking driving power, there is a family member to support, and the drinking water of this case is relatively high, the punishment shall be determined to suspend the execution of imprisonment as above.