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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On October 30, 2006, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving) from the Gwangju District Court on March 3, 2008, a fine of KRW 700,000 as a crime of violation of the Road Traffic Act (driving) from the Gwangju District Court on March 3, 2008, and a fine of KRW 3.5 million as a crime of violation of the Road Traffic Act (driving) from the Changwon District Court on September 18, 2009.
Criminal facts
On September 14, 2015, the Defendant, who had been punished for the crime of violating the Road Traffic Act more than twice as above, driven BM5 cars from the Chuncheon 50-meter section to the front of the customs house located in the same Dong from around 00 meters in front of the Hungary, while under the influence of alcohol of 0.123% of the blood alcohol level on September 14, 2015.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the circumstances and report on the detection of such a driver;
1. Previous convictions in judgment: References to criminal records and application of Acts and subordinate statutes concerning investigation reports;
1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment with prison labor;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Determination of the sentence of Article 51 of the Criminal Act on the grounds of sentencing under Article 62-2 of the Criminal Act by taking account of the following two factors: (a) community service and education order; (b) the degree of blood alcohol concentration; (c) the details and distance of driving; (d) the records of punishment for the same kind of crime; and (c) the Defendant’s age, character and conduct; and (d) the circumstances after the crime