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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[B] On March 30, 2012, the Defendant was issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act at the Seoul Eastern District Court on March 30, 2012, and on September 24, 2012, the Defendant was issued a summary order of KRW 3.5 million for a crime of violating the Road Traffic Act (driving) at the Jung-gu District Court on September 24, 2012.
[2] On September 14, 2015, the Defendant driven a B-V car under the influence of alcohol concentration of about 0.116% from the blood alcohol level to the remote distance of about 1km-gu, Seoyang-si, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu.
Summary of Evidence
1. Statement by the defendant in court;
1. Each previous offense indicated in the principal driver's circumstantial report;
1. Written inquiry about criminal history, etc.;
1. Application of Acts and subordinate statutes reporting the previous convictions and results thereof;
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) of the Road Traffic Act concerning the facts constituting an offense;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of and Order to Attend Courses;
1. The scope of punishment by law: Imprisonment with prison labor for six months and one year and six months;
2. Whether or not to apply the sentencing criteria: Offenses against which the sentencing criteria are small and the sentencing criteria are not set; and
3. The period of a stay of execution of two years for eight months after the sentence is sentenced (the same criminal records and relationship of a defendant, the circumstances and figures of a crime, drinking volume, the fact that the defendant has no criminal record of a stay of execution or more, the age, sex, etc.