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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 July 7, 2008, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act in the same court on March 15, 2013, respectively.
Criminal facts
Although the Defendant had a two-time alcohol driving force, on January 29, 2015, at around 22:45, the Defendant driven a Cysttop car with a blood alcohol content of about 0.116% from a two-meter section from the upper end of 1070-3, Ansan-si, a member of Ansan-si to the upper end of 1070-14, the Defendant driven a Cysttop car with a blood alcohol content of about 2 meters.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual state of the driver;
1. Previous records: Criminal records, etc. and the application of Acts and subordinate statutes to inquiry reports and investigation reports (the latest same criminal records and confirmation);
1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act (including the fact that the distance driven by the defendant is very short, that the defendant would not repeat the same kind of crime again, and that the defendant does not have been sentenced to imprisonment or more
1. Probation under Article 62-2 of the Criminal Act;