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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 of the final judgment.
Reasons
Punishment of the crime
On May 1, 2012, the Defendant issued, at the Ulsan District Court, a summary order of KRW 3 million for a crime of violating the Road Traffic Act, and at the same court on January 18, 2013, a summary order of KRW 3 million for a crime of violating the Road Traffic Act.
On January 27, 2014, at around 23:57, the Defendant driven a BNS car owned by the Defendant on the front road of the Ulsannam-gu, Ulsan-gu, Ulsan-do, under the influence of alcohol by 0.223% of alcohol level.
Summary of Evidence
1. Defendant's legal statement;
1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;
1. A written appraisal of blood alcohol;
1. Previous records: The application of the Act and subordinate statutes to refer to inquiries, such as criminal records, amounts of dispositions, and results of confirmation;
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. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant, while running a drunk driving in the year 2012 and the year 2013, had been punished twice, has not yet passed since he/she again driven the instant drinking again on January 27, 2014. Considering the fact that the blood alcohol content at the time of the instant case reaches 0.223%, the nature of the relevant crime is heavy.
However, considering the fact that the defendant's mistake is divided and that there is no past record of punishment exceeding the fine due to the previous fact and the fact that the defendant has committed the crime in this case and all the sentencing conditions, including the circumstances leading to the crime in this case, economic situation, etc., the sentence is sentenced as ordered.