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1. The defendant shall be punished by imprisonment for six months;
2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;
3.
Reasons
Punishment of the crime
The Defendant, at the Ulsan District Court on July 16, 2009, issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act; on May 17, 2010, the same court issued a summary order of KRW 1.5 million as a fine for the same crime; on November 16, 2012, the Defendant was a person who violated Article 44(1) of the Road Traffic Act after having been sentenced to a fine of KRW 5 million for the same crime in the same court at least twice.
On January 16, 2014, while the Defendant was under the influence of alcohol of 0.140% of blood alcohol concentration at around 22:40%, the Defendant driven BM3 vehicle from the public parking lot of the Ilban beach located in Busan-gun, Busan-gun to the front side of the "Maritime Business Division" located in Ulsan-dong defense Dong-dong.
Accordingly, the Defendant, as seen above, driven a motor vehicle under the influence of alcohol more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving and the situation of driving under drinking;
1. Previous records: References to criminal records and application of Acts and subordinate statutes concerning investigation reports;
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 lies in the crime of this case again even though the defendant had a record of punishment three times due to drinking driving, and the liability for such crime shall not be mitigated.
However, the sentence shall be imposed as ordered in consideration of the fact that the defendant recognized his mistake and reflects his mistake, and that there is no criminal record exceeding the fine, etc., and taking into account all other circumstances, such as character, conduct and environment of the defendant, etc.