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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 May 10, 2010, the Defendant issued a summary order of KRW 1.5 million to a fine for a violation of the Road Traffic Act at the Changwon District Court on May 10, 201, and a summary order of KRW 1.5 million to a fine at the same court on June 20, 201.
On September 23, 2012, at around 20, the Defendant driven a car between B and B while under the influence of alcohol 0.173% in blood alcohol concentration from around 8km to the GIC road located in the Ganhae-si in the Gandong of Gangseo-gu, Busan, up to the GanIC road in front of the GanIC located in the Gando.
Summary of Evidence
1. Defendant's legal statement;
1. Documents related to driving under influence of alcohol;
1. Previous records: Application of criminal records, etc. and Acts and subordinate statutes;
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;
2. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
3. Article 62 (1) of the Criminal Act;
4. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on Probation, etc., the Defendant once was punished twice due to drunk driving, and the revised Road Traffic Act imposes a punishment heavier than the previous one, considering the seriousness of the damage caused by drunk driving.
In addition, the Defendant driven a short distance on an expressway, and the blood alcohol concentration was also high.
However, considering the sentencing conditions prescribed by Article 51 of the Criminal Act, such as the fact that the defendant is against mistake, the fact that there is no criminal record of suspended execution or more, and the defendant's age, character and conduct, and circumstances after the crime, the punishment is determined as ordered and the execution is suspended on condition of community service.