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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 November 10, 2008, the Defendant was notified of a summary order of KRW 700,000 by the Changwon District Court for the crime of violation of the Road Traffic Act. On May 6, 2011, the Defendant was notified of a summary order of KRW 2.5 million by the Changwon District Court for the same crime.
The Defendant stated in the indictment on November 21, 2012 as of November 22, 2012, but in light of the evidence as seen thereafter, it appears to be an obvious clerical error on November 21, 2012.
Around 23:30, while under the influence of alcohol with 0.152%, a driver of the vehicle C in the section C at approximately 1.5 km away from the Do in front of the Sannam-si Port, which is located in the Gannam-si, to the front of the Sanninari-ri in the luxa-si.
Summary of Evidence
1. Defendant's legal statement;
1. A report on detection of a host driver;
1. Application of Acts and subordinate statutes to inquiries into criminal records, etc. and investigation reports (a copy of the same summary order);
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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. is that the defendant, who had been punished twice due to drinking driving, once again driven in the state of drinking alcohol concentration of 0.152%. The crime of this case is not less complicated. In addition, the defendant, while driving under drinking alcohol as above, caused an accident that shocks the fences of telegraph poles and high field beyond the central line, but also caused an accident that shocks the fences of telegraph poles and high field beyond the central line. However, the defendant's mistake is against his own mistake, there is no history of punishment more than a suspended sentence, and all other circumstances after the crime, such as the defendant's age, character and behavior, the background and result of the crime of this case, etc.