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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
[criminal power] On March 28, 2007, the Defendant was issued a summary order of KRW 150,000,000 as a fine for a violation of the Road Traffic Act, and KRW 3 million as a fine for a violation of the Road Traffic Act, from the same support on July 14, 2008.
【Criminal Facts】
On March 29, 2014, at around 00:55, the Defendant driven B car from approximately 300 meters to the front road of the BJ apartment located in the Dong-dong of Pyeongtaek-si, in the state of drunk alcohol content of 0.141%.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, and report on the results of the crackdown on drinking;
1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment of judgment) and Acts and subordinate statutes;
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. In light of the fact that the defendant, for the reason of sentencing under Article 62-2 of the Criminal Act, committed the above crimes once again despite the fact that he had already been punished three times due to drinking driving, etc., the responsibility for such crime is not somewhat weak.
However, punishment shall be determined in consideration of various sentencing factors, such as the defendant's age, occupation, family environment and criminal records, including the fact that the defendant is against the recognition of the crime and that the defendant has no criminal record exceeding the fine, etc., and the probation shall be sentenced on condition of probation and community service order.