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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
The Defendant, at the Changwon District Court on March 17, 2008, issued a summary order of KRW 1,50,000 by a fine for a violation of the Road Traffic Act, and on June 23, 2008, issued a summary order of KRW 2,50,000 by a fine for the same crime at the same court on June 23, 2008 and violated Article 44(1) of the Road Traffic Act at least twice.
Around 00:00 on July 6, 2013, the Defendant driven a CBa car at a section of approximately 300 meters from the parking lot of “Putero Model House,” located in the central Dong of Changwon-gu, Changwon-si, Changwon-si, to the neighboring road located in the window dong of Changwon-si, Changwon-si.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;
1. Previous records of judgment: Application of criminal history records, investigation reports (former records and results reports) and Acts and subordinate statutes;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);
1. The reason for sentencing under Article 62-2(1) of the Criminal Act on the grounds of probation and order to attend a lecture is that the Defendant has been subject to two times for drinking driving or one time for refusing to measure drinking since 2008, but the Defendant’s liability repeatedly for drinking driving in the instant case is not minor.
However, the punishment as ordered shall be determined in consideration of the fact that the defendant has mistakenly recognized and reflected the defendant's mistake, the fact that there is no criminal record exceeding the fine, etc., and taking into account other circumstances which form the conditions for sentencing, such as character, conduct and environment of the defendant
In addition, probation and lecture order are added in order to encourage the eradication of drinking driving.