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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 July 10, 2007, the Defendant was sentenced to a summary order of KRW 2 million by the Ulsan District Court as a fine for a violation of the Road Traffic Act (driving). On May 17, 2010, a fine of KRW 2 million by the same court as a violation of the Road Traffic Act (driving) and a fine of KRW 6 million by the same court on June 19, 2012.
On December 1, 2014, at around 01:59, the Defendant driven a altima car at the section of approximately 1km from the upper end of the 105 North Northern apartment-gu, Ulsan Metropolitan City to the middle-sea, Ulsan Metropolitan City, China, with a level of alcohol content of 0.15%.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of driving under the influence of alcohol and the control of drinking driving;
1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports, and copies of each 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. An order to attend a lecture under Article 62-2(1) of the Criminal Act, which states that the circumstances of the order to attend a lecture, such as the fact that the drinking driving of this case was conducted again despite the fact that it had been punished several times due to the reason of sentencing, and that the drinking level is not stated,
However, the execution of punishment shall be suspended in consideration of the fact that the defendant is against the defendant, the fact that the defendant has no other criminal records except the above criminal records.
Since it is recognized that the risk of recidivism is reasonable, an order to attend a law-abiding lecture is added.