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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 March 20, 2007, the Defendant received a summary order of KRW 500,000 for a fine of KRW 500,000 for a violation of the Road Traffic Act (driving) from the Changwon District Court’s branch on May 28, 2008, and received a summary order of KRW 1.5 million for a violation of the Road Traffic Act (driving) from the Changwon District Court’s branch on September 24, 2010, and was sentenced to a fine of KRW 2.5 million for a violation of the Road Traffic Act (driving) from the Changwon District Court’s branch on May 10, 2012.
On June 12, 2014, at around 01:45, the Defendant driven a halog car with a blood alcohol content of about 300 meters at around 0.09% under the influence of alcohol at around 0.09% from the front of the road to the front of the Palog-dong in Changwon-si, Changwon-si.
Summary of Evidence
1. Defendant's legal statement;
1. A report on detection of a host driver;
1. A statement of criminal records, inquiry reports, and application of statutes in Part IV of the judgment;
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (including the fact that the defendant has no past record of exceeding the fine and that his mistake has been repented);
1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);
1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc., of orders to provide community service and attend lectures;