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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On May 23, 2008, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 1.5 million as a fine in the same court on November 30, 2012.
On September 1, 2013, the Defendant driven approximately 200 meters from the front day of the “CU convenience store” located in the Sinju-gun in the Manju-gun, GU convenience store located in the same Eup/Myeon, while under the influence of alcohol of 0.106% of blood alcohol level on September 22, 2013, the Defendant driven approximately 200 meters from the front day of the “CU convenience store” located in the same Eup/Myeon.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the control of drinking driving;
1. Previous records of judgment: Application of inquiries, such as criminal records, investigation reports (report on the same criminal records and attachment of judgments);
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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1448, Apr. 2, 201);
1. Article 62 (1) of the Criminal Act (including the case where the defendant has no criminal record of the same kind of suspended sentence or heavier);
1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;