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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 is a person who has been sentenced to a fine of KRW 700,000 for a violation of the Road Traffic Act in the Chungcheong District Court on July 11, 2007, and a fine of KRW 1 million for the same crime in the same court on October 23, 2008.
Criminal facts
On March 19, 2014, at around 21:17, the Defendant passed through the “Imamt” located in the same Eup/Myeon, from the front of the 12-1-Dongcheon-dong-ro, Geumcheon-gu, Chungcheongnam-do, Geumcheon-do, Chungcheongnam-do, and again driven a Bppppppppon vehicle under the influence of alcohol with approximately 100 meters alcohol concentration of 0.080% from the section of 100 meters to the front of the “Audio Fire Fighting Station” located in the said lux.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the results of the drinking driving control;
1. Notification of the result of crackdown on drinking driving;
1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (reports on the same type of criminal records and attachment of judgments);
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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: Taking into account various circumstances, such as the defendant's age, character and conduct, occupation and family environment, in which the defendant was able to have the same criminal records even though he/she could have committed the crime, and the risk of additional damage due to drunk driving: The defendant is aware of and reflects the crime, and there is no criminal record exceeding the defendant's fine, and other conditions attached to sentencing indicated in the records;