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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 December 31, 2010, the Defendant was sentenced to a summary order of KRW 2,500,000 as a fine for a violation of the Road Traffic Act at the Seoul Eastern District Court on December 31, 201, and on June 1, 2011, the Defendant was sentenced to a suspended sentence of two years in August.
On March 27, 2014, at around 21:20, the Defendant driven a D body-man car under the influence of alcohol of about 0.077% in the 1km section of Seongdong-gu Seoul Metropolitan Government from around 21:49 on the same day to around 685, the day from the day before the f1km-dong, Gangnam-gu, Seoul.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the control of drinking driving;
1. A report on the actual state of the driver;
1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (former records and confirmations) and Acts and subordinate statutes;
1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2006Da1448, Apr. 2, 201);
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act, including probation, has been past history of having been sentenced to a punishment heavier than that of the same kind in the past, however, considering the fact that the period of probation has not elapsed one year after the expiration of the period of probation and that the crime of this case was committed again, the necessity of strict punishment or the amount of drinking was extremely high, the defendant does not repeat the crime, and the execution is suspended considering the family relation and support status of the defendant.
It is so decided as per Disposition for the above reasons.