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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 12, 2007, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on March 12, 2007, and a fine of two hundred and five hundred thousand won for the same crime at the Seoul Western District Court on April 1, 2010.
At around 00:30 on August 26, 2015, the Defendant driven a B observer car under the influence of alcohol with approximately 0.167% of blood alcohol level from the street in front of the “Yeongyang-gu Hayang-gu Hayang-gu Hayang-dong,” located in the same time to the front of the same sunlight village 18 complex.
As a result, the defendant was driving a motor vehicle under the influence of alcohol not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. A report on detection of a host driver and a circumstantial report on the host driver;
1. Records of judgment: Application of criminal records, inquiry and Acts and subordinate statutes;
1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;
1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (see the following reasons for sentencing):
1. Article 62(1) of the Criminal Act (see the following reasons for sentencing)
1. The reason for sentencing under Article 62-2 of the Criminal Act, including the criminal records as stated in the judgment of the defendant, has already been engaged in driving under drinking or driving under drinking again, and the corresponding punishment is needed.
However, in consideration of the fact that the defendant repents his mistake and the records of drinking driving are relatively long time, the sentence of imprisonment shall not be imposed only once, and the execution of the sentence shall be suspended as above, and the sentence shall be determined.