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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 July 21, 2008, the Defendant issued a summary order of KRW 700,000 as a crime of violation of the Road Traffic Act at the Changwon District Court on July 21, 2008. On January 19, 2009, the Defendant issued a summary order of KRW 1,500,000 as a crime of violation of the Road Traffic Act at the Changwon District Court on January 19, 200, and on December 24, 2010, the Defendant was sentenced to a suspended sentence of KRW 4 months.
On January 12, 2013, the Defendant driven a B-hurged vehicle with a blood alcohol content of about 0.106% under the influence of alcohol from approximately 5 kilometers from the roads near the Yannam-dong, Chungcheongnam-gu, Changwon-si to the roads in front of the Yansan-dong located in the same Simsan-dong.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;
1. Previous records of judgment: Criminal records, etc., an inquiry report, an investigation report (verification report on the driving force of a person without permission), two copies of a summary order, and one copy of a written judgment shall be applied;
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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Feb. 1, 201)
1. Article 62 (1) of the Criminal Act on the suspended execution.
1. Social service order under Article 62-2 of the Criminal Act;