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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 9, 2007, the defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (driving) at the Suwon District Court, and on September 28, 2010, by the same court, to a fine of 4 million won for a violation of the Road Traffic Act (driving).
On October 19, 2013, at around 22:03, the Defendant driven a 300-meter B heading car from the front day of the Mara Elementary School located in the Giung-gu, Gung-gu, Gung-dong with alcohol content of 0.089%, to the road located in the same Dong from the day before the Mara Elementary School located in the same Dong.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving, and the status of drinking drivers;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (a copy of a summary order);
1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;
1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act ( considered as favorable reasons among the following reasons for sentencing):
1. Suspension of execution under Article 62 (1) of the Criminal Act (the execution of a sentence shall be postponed in consideration of the fact that the defendant has no special criminal record in addition to a fine, even though he/she has been punished as a three-time drinking driving or a one-time drinking refusal to measure drinking again is inferior to the quality of the crime of drinking, but his/her confession and reflects, his/her blood alcohol concentration is low, and the execution of the sentence
1. Article 62-2 (1) and (2) of the Criminal Act of the Act on Probation and Order to Attend Courses;