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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 became final and conclusive.
Reasons
Punishment of the crime
【Criminal Power】 On January 24, 2008, the Defendant issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act in the Busan District Court’s Busan District Court’s Branch on January 24, 2008, and a fine of KRW 3 million for a crime of violation of the Road Traffic Act (driving) at the Incheon District Court on July 14, 2009, respectively, and has the record of serving two times or more as a person who has been punished for a violation of the Road Traffic Act.
【Criminal Facts” around June 30, 2013, around 08:27, the Defendant driven B rocketing taxi while under the influence of alcohol concentration of about 0.177% at the 2030-distance front of the 143m-dong, Nam-gu, Incheon, Nam-gu.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the control of drinking driving;
1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;
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. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that the mistake of a person is recognized and reflected, and the fact that there is no past record of punishment heavier than the fine);
1. Article 62 (1) of the Criminal Act on the suspension of execution (the preceding part of the Criminal Act shall be repeatedly considered for the benefit of the defendant);