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A defendant shall be punished by imprisonment for one year.
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
1. The Defendant is a person with a record of having received a summary order of a fine of seven million won by committing a violation of the Road Traffic Act at the Seoul Central District Court on January 31, 2011.
2. On December 20, 2013, the Defendant driven B car with blood alcohol content of about 0.248% from the 1k section around the Gamba-dong in Ansan-si, Ansan-si to the front road of the Namba-dong located in the same Seongdong-dong from the Gamba-dong to the Namba-dong in the same Seongdong-dong.
Summary of Evidence
1. Defendant's legal statement;
1. A traffic accident report (1) (2), relevant photograph, report on the occurrence of a traffic accident, field map of a traffic accident, drinking test result, report on the detection of a drinking driver, circumstantial report on a drinking driver, inquiry into the results of the crackdown on drinking driving, and an investigation report;
1. Application of statutes concerning criminal records;
1. Relevant Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Article 62 (1) of the Criminal Act (Article 62 (1) of the suspended execution (Article 62 (1) of the Criminal Act provides that there are circumstances unfavorable to the defendant, such as the nature of the crime and the result of the crime in this case, which are the same as that of the defendant; however, there are no criminal records of the suspended execution or heavier punishment of the defendant; the defendant does not have any criminal records of the suspended execution or more; the defendant has a depth of his mistake; the social ties of the defendant is obvious; the detention of the defendant entails excessive difficulty for his dependants; and other circumstances, such as the motive and background
1. Probation and community service order shall be judged as ordered for the reason of not less than Article 62-2 of the Criminal Act;