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A defendant shall be punished by imprisonment for not less than eight 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 July 8, 2008, the Defendant was issued a summary order of KRW 2.5 million due to a violation of the Road Traffic Act in the Daegu District Court Kimcheon Branch of the Daegu District Court on July 8, 2008, and on July 14, 2009, the Defendant was sentenced to imprisonment for 6 months due to a violation of the Road Traffic Act (driving) and a suspended sentence of 2 years under the Road Traffic Act on more than two occasions.
On May 4, 2015, at around 21:35, the Defendant driven a c1 ton cargo vehicle with a blood alcohol concentration of approximately 0.120% (blood collection) at a section of about 300 meters from the road before the time of the petition frequency of the Matern Bicycle in Gumi-si, Sin, Sinsi, to the road in front of the Samcheon Bicycle bicycle in the same Dong.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the status of running a motor vehicle under consideration, report on the status of operating a motor vehicle under consideration, report on the status of the motor vehicle under consideration;
1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (a report on the confirmation of the same criminal records);
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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (the final punishment period for the crime of the same kind, the absence of any accident that has occurred while the crime of the same kind is committed, the confession and the depth of the crime is shown, and the details of the wife of the family are considered);
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;