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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 this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On October 8, 2007, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Suwon District Court in Suwon District, and on August 6, 2009, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dangerous Driving) and for a violation of the Road Traffic Act (Dangerous Driving) in the support of the Daejeon District Court in the Incheon District Court on 8km on August 6, 2009. On December 8, 2012, the Defendant driving a B low-speed car under the influence of alcohol level of KRW 0.123% for alcohol level from approximately 8km to the roads from the 1781 Moo Bank in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Incheon District on December 8, 2012.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the state of drinking drivers, and making the results of the control of drinking driving;
1. Previous records: 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. The reason for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is that the defendant who had been already punished three times for the same crime as this case has committed another crime of drinking driving in this case.
However, the execution of the sentence shall be suspended in consideration of the fact that the defendant has led all of the crimes of this case, which is mere mere a simple drinking driving, and the duration of enforcement, and the probation period shall be somewhat prolonged and shall be ordered to attend community service and law-abiding driving.