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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 August 23, 2006, the defendant was issued a summary order of 1.5 million won or more as a crime of violation of the Road Traffic Act at the Suwon District Court's site site, and on October 1, 2008, a fine of 1 million won or more as a crime of violation of the Road Traffic Act was issued at the Suwon District Court's Pyeongtaek District Court's site site, respectively.
【Criminal Facts】
On November 17, 2013, at around 22:35, the Defendant driven a car in Category B 1 km from the Do in front of the Pyeongtaek-dong Police Station in Pyeongtaek-dong to the front road of such Taesan New apartment.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the control of drinking driving;
1. A report on the actual state of the driver;
1. Before judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;
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. Article 62 (1) of the Criminal Act;
1. Although the defendant had already been punished twice due to drinking driving, he again committed the crime of drinking driving in this case despite the fact that the reason for sentencing under Article 62-2 of the Criminal Act of probation and community service order had already been punished twice, and the defendant had a record of being sentenced to a suspended sentence with a vehicle that runs away, there is a need
However, a suspended sentence is imposed on the condition of community service order through discretionary mitigation in consideration of various sentencing factors, such as the defendant's occupation and family relation, including the fact that the defendant's criminal act is against the recognition of the crime and that there is no record exceeding the fine, but the probation is added to prevent the risk of recidivism.