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A defendant shall be punished by imprisonment for six months.
except that 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 31, 2006, the Defendant received a summary order of fine of KRW 700,000,000 as a fine for a violation of the Road Traffic Act from the Daejeon District Court on July 13, 2007, a fine of KRW 1.5 million as the same crime at the Suwon District Court on July 13, 2007, and a fine of KRW 2 million as the same crime at the Daejeon District Court on May 29, 2009.
On August 28, 2014, at around 07:50, the Defendant driven a B T-D car at approximately 200 meters on the road before Pyeongtaek-si Spool Ebae Ebate Ebate, under the influence of alcohol by 0.082% of alcohol level.
Summary of Evidence
1. Defendant's legal statement;
1. The actual condition survey report;
1. Report on the statement of the state of a drinking driver, report on the control of drinking driving, and inquiry into the results of the control of drinking driving;
1. Previous convictions in judgment: Application of criminal records and summary order 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. Although the criminal records of punishment for the same kind of crime for sentencing of Article 62(1) of the Criminal Act are four times, there is a need for the corresponding punishment because the criminal responsibility of the defendant who drives under the influence of alcohol is too large.
However, in light of the fact that the distance of the defendant's drunk driving is not 200 meters high, that the drinking alcohol level at the time of this case was 0.082%, the defendant's health condition with visual disability, etc., a suspended sentence shall be sentenced as ordered by the court.