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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 of the final judgment.
Reasons
Punishment of the crime
[criminal power] On October 20, 2006, the defendant was issued a summary order of KRW 1.5 million on November 10, 2006 with a fine of KRW 1.5 million as a crime of violation of the Road Traffic Act at the Busan District Court's branch court's Busan District Court's branch court's branch court's order on November 20, 2006, and on May 14, 2008, the above summary order became final and conclusive on July 23, 2009.
【Criminal Facts】
On July 3, 2014, at around 22:50, the Defendant driven a C6 car at approximately 500 meters from the front of the day of the Japanese luminous beach located in the front of the city of Busan to the front of the Japanese luminous bridge located in the front of the city of Busan.
As a result, the defendant violated the prohibition of drunk driving more than twice, and drives a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the drinking control result;
1. Criminal records: Application of inquiry reports and investigation reports (report accompanied by a copy of a summary order) including criminal records, etc.;
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 (see, e.g., Supreme Court Decisions 201Do114, Jan. 1, 201>
1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);
1. An order to provide community service or attend lectures under Article 62-2 of the Criminal Act;