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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
[criminal power] On May 28, 2008, the Defendant was issued a summary order of KRW 1,500,000 for the crime of violation of the Road Traffic Act in Ansan Branch of the Suwon District Court on May 28, 2008, and on September 30, 2009, the same court was sentenced to imprisonment for ten months for the same crime, etc. and on August 24, 201, for four months for the same crime, etc.
【Criminal Facts】
On April 21, 2015, at around 22:41, the Defendant driven a rocketing car under the influence of alcohol with approximately 0.095% alcohol content at the 1km section from the front of the Sama Apartment apartment located in the Saridong of Silungdong, to the front of the 1044 gold wood.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement of a drinking driver, the results of crackdown on drinking driving, and the drinking output;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (attached reporting, such as a copy of summary order);
1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of criminal punishment and imprisonment with prison labor;
1. Discretionary mitigation (The favorable circumstances examined in the following sentencing grounds) Articles 53 and 55(1)3 of the Criminal Act
1. Article 62(1) of the Criminal Act, which is favorable to the reasons for suspended execution (the following consideration):
1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order is that the defendant had a record of having been sentenced to punishment due to drinking driving, etc., but the criminal act of this case is committed again. However, the defendant is against the defendant's intention not to drive drinking again, and the defendant is against his/her will not drive drinking again, etc., the punishment shall be determined as ordered by taking into account the favorable circumstances