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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 October 8, 2010, the Defendant issued a summary order of KRW 700,00,000 as a fine for a violation of the Road Traffic Act (driving) at the Daegu District Court Kimcheon Branch of the Daegu District Court, and on May 14, 2012, the above court issued a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act (driving).
On July 23, 2015, at around 02:25, the Defendant driven a Bnib-S vehicle in the state of alcohol alcohol concentration of approximately 0.182% from the 1km section from the front of the tea hospital located in the Sinsi-si, Sinsi-si, Sinsi-si to the front of the dong department store located in the Gunsi-si, Sinsi-si.
Summary of Evidence
1. Defendant's legal statement;
1. C’s statement;
1. A traffic accident occurrence report, each actual survey report, on-site photographs, and the report on the actual state of a driver, a master driver, and a standing statement;
1. Application of criminal records, reply reports, and decision-making Acts and subordinate statutes;
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 (i.e., that the degree of discretionary mitigation is very serious and causes an accident during the commission of the crime, and that the punishment power for the same kind of crime is taken into account; however, there is no penalty power exceeding the fine, and the above accident is a physical accident, and its depth is expressed;
1. Article 62 (1) of the Criminal Act on the suspension of execution;
1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;
1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;