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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
[criminal power] On December 11, 2007, the Defendant was notified of a summary order of a fine of one million won for a violation of the Road Traffic Act (driving) at the Sungnam Branch of Suwon District Court, and two million won for the same crime at the Seoul Central District Court on May 20, 201.
【Criminal Facts】
Although the Defendant had had a history of driving two or more times as above, the Defendant driven a B Postous vehicle under the influence of alcohol content of 0.235% at the front of the central elementary school located in the Gyeonggi-si Government 1, 224, Dong-dong 670, Seo-dong, Seo-dong, Seo-dong, Seo-dong, 2013, around June 16, 2013.
Summary of Evidence
1. Defendant's legal statement;
1. Certificates of blood alcohol by the National Science Investigation Institute;
1. A report on investigation;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (report accompanied by a copy of a summary order);
1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. In light of the fact that the defendant for sentencing under Article 62-2 of the Criminal Act committed the crime of this case again despite the fact that he/she had been punished twice due to drinking driving, and the fact that he/she committed the crime of this case is highly high in the blood alcohol concentration, etc. However, although the nature of the crime is not easy in light of the fact that the defendant recognized the crime of this case, he/she has no record of punishment exceeding the fine, the defendant has no record of being punished in excess of the fine, and other sentencing conditions indicated in the record, such as the defendant's age, character, character and environment