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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
On February 12, 2009, the Defendant was sentenced to a fine of KRW 700,00 to a violation of the Road Traffic Act (drinking driving) in the Seosan Branch of the Daejeon District Court on February 12, 2009, and a fine of KRW 1 million to a violation of the Road Traffic Act (drinking driving) at the Ulsan District Court on August 11, 201, and was sentenced to a violation of Article 44(1) of the Road Traffic Act at least twice.
On March 25, 2018, the Defendant driven a B rocketing car under the influence of alcohol content of 0.085% during blood in around 21:27, while driving around 0.085%, and driven approximately 2 km from the front of the restaurant in the direction of Busan-gun, Busan-gun to the opening of the village in the direction of the Yancheon-do.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;
1. Requests for appraisal of alcohol concentration and report on investigation (the result of blood appraisal);
1. Application of replys to inquiries, such as criminal history, and statutes attached to reports on investigation;
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) 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. Order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;