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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 September 27, 2010, the Defendant received a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (driving) from the Gunsan Branch of the Jeonju District Court, and issued a summary order of KRW 2 million for the same crime in the same court on September 5, 2011.
【Criminal Facts】
On January 30, 2015, at around 03:31, the Defendant driven a G car in the state of alcohol alcohol 0.116% from the 3km section of approximately 3 km from the front of the D main point in the following city C to the F fixed-type and front road in the following city E:
Summary of Evidence
1. Defendant's legal statement;
1. A report on detection of a host driver;
1. The circumstantial statement of the employee;
1. Records before judgment: Application of criminal records, repeated statements, and copies of each summary order;
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment);
1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (including the fact that there are criminal records of the same kind, but all of them are punished by a fine, and that it is said that he/she will not drive under the influence of alcohol again);
1. Article 62 (1) of the Criminal Act on the suspension of execution (Consideration into consideration in discretionary mitigation);
1. Article 62-2 (1) of the Criminal Act, the main sentence of Article 59 (1) of the Act on Probation, etc.;
1. Article 62-2 (1) of the Criminal Act, the main sentence of Article 59 (1) of the Act on Probation, etc.;