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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 December 4, 2008, the Defendant was issued a summary order of 2 million won for a violation of the Road Traffic Act (driving) in the support of the Daejeon District Court on December 4, 2008. On December 24, 2008, the Defendant was issued a summary order of 4 million won for a fine of 5 million won for a violation of the Road Traffic Act (driving) at the Suwon District Court's House.
【Criminal Facts】
On January 15, 2014, at around 22:10, the Defendant driven BM7 car under the influence of alcohol content 0.079% at the 1k section from the “Korea Logistics Center” to the “original Adjustment Public Health Center” located in the same Ri from the “Korea Logistics Center” to the “original Adjustment Public Health Center.”
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of driving under the influence of alcohol and report on the control of drinking driving;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;
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. Probation and community service order sentencing reasons under Article 62-2 of the Criminal Act, despite the fact that the defendant had been already punished three times due to drinking driving, etc., the above crime is not less complicated in light of the fact that the defendant committed the above crime.
However, the punishment shall be determined in consideration of various sentencing factors, including the defendant's age, occupation, family environment, criminal records, etc., including the fact that the defendant is recognized as committing a crime and the defendant has no criminal record exceeding the fine, and the sentence of suspension of execution is to be imposed on condition of probation and community service order.