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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal power] The defendant was sentenced to a fine of two million won for the violation of the Road Traffic Act (driving) in the Goyang Branch of the Jung-gu District Court on April 16, 2008.
【Criminal Facts】
On August 7, 2013, at around 01:21, the Defendant driven Cbee or car under the influence of alcohol 0.261% in a section of about 1km from the apartment of the Handong-gu, Busan Metropolitan City to the lake road located in the same port Dong-dong.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the police interrogation of the accused;
1. Application of Acts and subordinate statutes to inquiry into the results of the drinking driving control;
1. Relevant provisions of Article 148-2 (2) 1, and Article 44 (1) of the Road Traffic Act concerning criminal facts, the choice of imprisonment (including very high level of drinking water and a single case, etc.);
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (the fact that the defendant acknowledges the error and other overall circumstances, such as the age, occupation and family environment of the defendant);
1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);
1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;