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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 10, 2008, the Defendant was sentenced to a fine of 3 million won for a violation of the Road Traffic Act in the Gangnam Branch Branch of the Chuncheon District Court on July 10, 2008, and was punished twice due to other violation of the Road Traffic Act. A person who is engaged in driving of B automobiles.
On May 13, 2014, at around 21:55, the Defendant driven the Defendant’s vehicle at a section of approximately 300 meters from the street in front of the “net Mart” in the Dong Sea, which was under the influence of alcohol with 0.22% of alcohol content, to the street in front of the “net Mart” in the Dong Sea.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the defendant;
1. The circumstantial statement of the employee;
1. Application of Acts and subordinate statutes to criminal records, reply reports, and summary orders;
1. Relevant Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting the crime.
1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing):
1. Article 62 (1) of the Criminal Act (Considering the following grounds for sentencing)
1. Probation, community service order, and order to attend a lecture under Article 62-2 of the Criminal Act, even though they had been punished several times due to the violation of the Road Traffic Act (M.22%) for the reason of sentencing, and the fact that blood alcohol concentration (0.22%) is significant, etc., under unfavorable circumstances, the Defendant’s age, character and behavior, family environment, circumstances of crime, means and consequence, etc., and all of the sentencing conditions indicated in the records and arguments of this case, including the circumstances before and after the crime, etc., shall be determined as above, taking into account the favorable circumstances.