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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 April 7, 2008, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Changwon District Court, and a summary order of KRW 5 million for the same crime at the same court on June 11, 201, respectively.
【Criminal Facts】
On July 29, 2013, the Defendant was under the influence of alcohol with 0.107% of blood alcohol concentration 0.107% on July 29, 2013, and was driving Csch-ton car at approximately 800 meters from the road in front of the difficult village in the Kimhae-si, Kim Jong-dong, to the flowway in the same city.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the control of drinking driving;
1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and other Acts and subordinate statutes;
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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The reason for sentencing under Article 62-2(1) of the Criminal Act on probation and order to attend a lecture, even though the defendant had been 5 times or more or more punished due to drinking driving since 2001, it is necessary to repeat and punish the crime of this case. However, the punishment is to be determined by taking into consideration the favorable circumstances, such as the fact that his mistake is against depth, and that the probation and order to attend a lecture are being cut off for drinking driving in the future.
It is so decided as per Disposition for the above reasons.