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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 three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On August 21, 2007, the Defendant was issued a summary order of KRW 2 million by a fine for a violation of the Road Traffic Act at the Gwangju District Court on August 21, 2007. On May 8, 2009, the Defendant was issued a summary order of KRW 1 million by a fine at the Gwangju District Court on May 8, 2009. On March 17, 2011, the Defendant was sentenced to a summary order of KRW 1 million by a fine at the Gwangju District Court on March 17, 201.
On August 9, 2013, the Defendant driven a freight vehicle of approximately 2 km from the roads in front of the cafeteria Chang-gun, the Kim Chang-gun, the Seoul Northern-gun, to the roads in front of the cafeteria Chang-gu, the cafeteria, at around 0.050% of blood alcohol level.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A);
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. The reason for sentencing under Article 62-2 of the Criminal Act, including the fact that the defendant was already punished three times by a fine for the same kind of crime, the fact that he/she is led to confession and reflects, and that the blood alcohol concentration in the instant crime is 0.050%.