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1. The defendant shall be punished by imprisonment for six months;
2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;
3.
Reasons
Punishment of the crime
On January 11, 2007, the Defendant is a person who violated Article 44(1) of the Road Traffic Act by receiving a summary order of a fine of one million won or more due to a violation of the Road Traffic Act in the Daejeon District Court Seosan Branch, and on May 6, 2008, by being sentenced to a suspended sentence of two years for a violation of the Road Traffic Act in the same court on May 6, 2008.
On April 26, 2014, at around 21:10, the Defendant driven B knife under the influence of alcohol by 0.121% in blood alcohol concentration from the road near the “Yan River Zone” located in the Dong-gu, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, to the road front of the “Sam Steel” located in the same Eup/Myeongro, the Defendant driven B knife under the influence of alcohol concentration of approximately 1.5km.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of each Act and subordinate statutes stated in control note, report on detection of a host driver, circumstantial statements of a host driver, criminal records, etc., copies of summary order, and copies of written judgments;
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. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. [Unjustifiable circumstances] the reason for the probation, community service order and order to attend a lecture, five times in total, the previous convictions and two times in total (one time in case of suspended sentence of imprisonment), the previous convictions and two times in case of drunk (one time before and after suspended sentence of imprisonment], and there is no previous traffic offense after