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A defendant shall be punished by imprisonment with prison labor for up to 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
Criminal facts
On December 19, 2008, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act at the Suwon District Court on December 19, 2008, and was sentenced to a fine of two hundred and five million won for a violation of the Road Traffic Act at the Seoul Central District Court on June 2, 2009.
On July 30, 2014, at around 00:10, the Defendant driven a Bpad car with approximately KRW 500 meters alcohol level 0.162% under the influence of alcohol level, from the road where it is impossible to know whether it is located near the chemical dynamics of Goyang-gu, Goyang-gu to the 9th road in the separate light village complex in the same Dong.
Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. Inquiries about the results of crackdown on drinking driving;
1. Report on the circumstances of driving under the influence of alcohol;
1. Previous convictions in judgment: Application of criminal records, etc. and other 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. For the reason of sentencing under Article 62-2 of the Criminal Act, the defendant's previous conviction (the fine of 1.5 million won on August 26, 2003, in addition to the previous conviction on the market, the fine of 1.5 million won on September 11, 2001, and the blood alcohol density (0.162% on September 11, 200), etc., shall be selected and punished, and the punishment shall be determined as ordered in consideration of the distance and place of the drunk driving, the circumstances leading the drunk driving, the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc.