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1. The defendant shall be punished by imprisonment for one year;
2.Provided, That the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On May 3, 2013, the Defendant was issued a summary order of KRW 3.5 million by the Changwon District Court for a crime of violation of the Road Traffic Act, and on May 27, 2013, the Defendant was issued a summary order of KRW 4 million by the Changwon District Court for a crime of violation of the Road Traffic Act.
On October 5, 2014, at around 18:50, the Defendant driven a B car with approximately 5 km section on the front road of Kimhae-si and the front road of the Kimhae-dong Park, Kimhae-si, while under the influence of alcohol by 0.062% of blood alcohol concentration.
Summary of Evidence
1. Defendant's legal statement;
1. C’s statement;
1. A report on detection of a driver and a report on the circumstances of the driver's license;
1. A report on occurrence, a report on actual condition survey, and photographs;
1. Previous convictions in judgment: Inquiries and inquiries and the application of Acts and subordinate statutes of an investigation report (Attachment to a summary order);
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 62 (1) of the Criminal Act on the suspension of execution;
1. It shall be decided as ordered on the grounds of probation, community service, or order to attend a lecture under Article 62-2 of the Criminal Act (including the suspension of the execution of the same kind of crime and several times, etc.);