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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 September 8, 2016, the Defendant, while under the influence of alcohol content 0.085% during blood transfusion, operated approximately 1 km in front of the road in the vicinity of Pyeongtaek-si in the same Eup on the road in the vicinity of Pyeongtaek-si.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes of a report on detection;
1. Relevant legal provisions and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. In order to observe the protection and surveillance of the community service order, driving under Article 62-2 of the Criminal Act, and driving under the influence of alcohol without a license, even though there have been a large number of criminal offenses including imprisonment, it is necessary to punish the corresponding person.
However, in consideration of the fact that the last drinking driver has been driving for at least eight years from his/her previous conviction, that he/she has been driving for his/her work after drinking, that he/she has disposed of his/her vehicle, and that he/she does not drive the vehicle again after drinking, the sentence shall be determined as ordered by the order.