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1. The defendant shall be punished by imprisonment for six months;
2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On August 3, 2006, the Defendant was issued a summary order of KRW 4 million with a fine of KRW 4 million due to a violation of the Road Traffic Act (driving) in the Daejeon District Court’s Branch on August 3, 2006, KRW 2 million with a fine of KRW 1 million from the Suwon District Court’s Pyeongtaek District Court on October 14, 201, and KRW 3 million with a fine of KRW 3 million for the same crime from the Suwon District Court’s Pyeongtaek District Court on July 20, 2012. However, on around 22:08, the Defendant operated a D 2-car with a charge of drinking alcohol concentration of KRW 0.188% under the influence of alcohol in the same city from the 1K section from the 1Kth of the 22:08 Escke K to the front road of the same city.
Summary of Evidence
1. Defendant's legal statement;
1. A written report on the occupancy of a motor vehicle from the driver;
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 probation and order to attend a lecture is that there is no room for prior action in that the defendant has already been punished three times or for drinking driving.
However, in depth, the punishment as stated in the Disposition was imposed in consideration of the fact that one does not commit the same crime, that there are some circumstances that may be considered in the course of the crime, that there is no penalty force exceeding the fine, and that there is no other reason to view the defendant's age, character and conduct, family relationship, circumstances after the crime, etc.