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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
On November 2, 2007, the Defendant was issued a summary order of KRW 3,500,000 as a fine for a violation of the Road Traffic Act at the Daegu District Court on November 2, 2007, and such summary order became final and conclusive on the 21st of the same month. On October 26, 2011, the same court issued a summary order of KRW 5,00,000 as a fine for a violation of the Road Traffic Act (driving) and the summary order became final and conclusive on November 18, 201.
On October 2, 2013, at around 21:37, the Defendant driven B1 ton cargo in the state of alcohol at approximately 7 kilometers from the front of a cafeteria in the trade influent road located in the Gyeongsan-si, Busan-si, to the front of the Japanese class, which is located in the clubs of Jinyang-Eup, in the same city.
Summary of Evidence
1. Defendant's legal statement;
1. Making inquiries into the results of the control of drinking driving, making a report on the driving of drinking, making an inquiry into the details of the report, and reporting on the status of driving of drinking;
1. Previous convictions indicated in judgment: Criminal history records, etc., an inquiry report, an investigation report (Correction of the rate of applicable laws),- Application of Acts and subordinate statutes attached to two summary orders;
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. Although the reason for sentencing under Article 62-2 of the Criminal Act of the order to attend a compliance driving lecture has a record of being sentenced to four times a fine due to the same kind of crime, it is necessary to repeatedly punish the crime of this case. However, the defendant is against his mistake, there is no criminal record of suspended execution or more, and the motive, means and result of the crime of this case, circumstances after the crime, age, character and conduct of the defendant, family environment, and all other factors of sentencing such as the motive, means and result of the crime of this case, shall be determined