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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 September 10, 2009, the Defendant issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act at the Busan District Court, and KRW 3 million for the same crime at the same court on February 7, 2012.
On January 28, 2013, at around 03:15, the Defendant driven B car under the influence of alcohol of about 0.170% in a section of approximately 50 meters from the 50-meter radius to the roof bend road of the same Dong-gu, Busan.
Summary of Evidence
1. Defendant's legal statement;
1. A report on detection of a host driver;
1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment of summary orders);
1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., reflective points);
1. Article 62 (1) of the Criminal Act ( considered the above circumstances);
1. Order to attend lectures under Article 62-2 of the Criminal Act;