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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
The Defendant was issued, respectively, by the Gwangju District Court, a summary order of KRW 4 million on June 14, 201, a fine of KRW 1 million, and a fine of KRW 4 million on January 4, 2013.
At around 17:00 on July 31, 2014, the Defendant, while under the influence of alcohol of 0.171% of blood alcohol concentration, driven a car in B cocon even from the front day of the Busan mine area, which is located in the new roads of the Gwangju mine area, to the erode road of the second cycle road of the Gwangju Mine-gu.
Summary of Evidence
1. Defendant's legal statement;
1. A report on detection of a host driver;
1. Application of Acts and subordinate statutes to inquiries, such as criminal records, and investigation reports (Evidence List No. 13);
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 with prison labor;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The fact that the defendant for sentencing under Article 62-2 of the Criminal Act committed the instant crime again despite the fact that he/she had been punished twice by a fine due to drinking driving is bad, but the defendant is in profoundly against his/her own crime, and the defendant has no criminal record exceeding a fine, etc., the sentence against the defendant shall be determined as ordered in consideration of various circumstances.