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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
Punishment of the crime
On April 10, 2007, the Defendant was notified of a summary order of 2.5 million won by a fine for a violation of the Road Traffic Act at the Ulsan District Court. On November 28, 2007, the Defendant was sentenced to imprisonment for 8 months or 2 years of suspended execution for a violation of the Road Traffic Act. On January 14, 201, the Defendant was notified of a summary order of 2.5 million won by the same court.
Although the Defendant had been able to violate Article 44(1) of the Road Traffic Act twice or more, the Defendant driven a Bwork-free freight vehicle from approximately 300 meters from the front day of the restaurant, which is located in the Southern East-gu, Ulsan-gu, Seoul-do, on February 27, 2015, to the road of the Taecheon-gu in the same Dong, while under the influence of alcohol of 0.112% of blood alcohol level, at around 15:40 on February 27, 2015.
Summary of Evidence
1. Defendant's legal statement;
1. A report on detection of a driver, a report on the circumstances of a driver, and an inquiry into the enemy;
1. Previous records of judgment: Application of inquiry reports, investigation reports (former records of the same kind and reports attached thereto) Acts and subordinate statutes;
1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense (the occupation of running a sound driving 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. The defendant should be strictly punished in light of the fact that he/she drives a motor vehicle again, even though he/she had a record of punishment twice due to drinking driving for the reason of sentencing under Article 62-2 of the Criminal Act.
However, the execution of imprisonment is suspended on the condition that probation and compliance driving lecture take into account the fact that the defendant was physically handicapped at Grade 5, in depth, and that he/she would not repeat such mistakes again, and that he/she would not commit such mistakes.