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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 June 2, 2008, the Defendant issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act at the Busan District Court on September 1, 2008, a summary order of KRW 1,500,000 as a fine for the same crime at the same court on September 1, 2008, and was sentenced to a fine of KRW 7 million as a fine at the Incheon District Court on February 23, 2012.
On April 9, 2014, at around 00:14, the Defendant driven B K5 cars while under the influence of alcohol of about 0.087% of alcohol concentration at the section of approximately 3 km from the Do in front of the Songpa-gu Seoul Westerndong to the road of approximately 3 km-ro, Songpa-gu, Seoul.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the police interrogation of the accused;
1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;
1. Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment to judgments, etc. on the same kind of case);
1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The decision to impose an order to provide community service shall be made in consideration of the fact that the person was sentenced to three times a fine for the same kind of crime within the last six years with the reason for sentencing under Article 62-2 of the Criminal Act, but the execution of the sentence shall be suspended by taking into account all the circumstances, such as the degree of the level of the drinking alcohol measurement in this case is not high and the defendant is against the law,
It is so decided as per Disposition for the above reasons.