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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 March 2, 2009, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act at the Busan District Court on March 2, 2009, and on August 26, 2009, the Defendant was sentenced to imprisonment for eight months, probation, probation, community service order, or order to attend a lecture for a violation of the Road Traffic Act.
At around 00:30 on December 3, 2012, the Defendant was punished twice for the violation of the Road Traffic Act (driving) and driven B-be under the influence of alcohol concentration of about 0.078% from the 5km section from the road before the Gancheon-dong, Busan Swin-dong, Seocheon-gu, Busan to the lower end of the lower end of the YY-dong, the Defendant driven B-be under the influence of alcohol concentration of about 0.078%.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control of drinking driving;
1. Application of Acts and subordinate statutes, such as criminal records;
1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment with prison labor;
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do354, Apr. 1,
1. Article 62 (1) of the Criminal Act;
1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;