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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 February 5, 2008, the Defendant was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act (driving) at the Busan District Court on February 5, 2008. On May 14, 2013, the Defendant was sentenced to a summary order of KRW 5 million for a violation of the Road Traffic Act (driving) at the Ulsan District Court on May 14, 2013.
On April 29, 2015, at around 22:20, the Defendant driven a DNA car under the influence of alcohol content of 0.199% from approximately 500 meters to the front road of the new flag apartment located in the same Si-dong from the north-dong in Yangsan-si to the new flag apartment located in the same Si-dong.
On February 5, 2008, the Defendant was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act (driving) at the Busan District Court on February 5, 2008, and was sentenced to a summary order of KRW 5 million on May 14, 2013 by the Ulsan District Court on May 14, 2013.
On April 29, 2015, at around 19:42, the Defendant driven a franchise-free car under the influence of alcohol concentration of about 0.139% from the second floor of an acting public parking lot in Seocheon-dong, Busan to the entrance of the above public parking lot.
Summary of Evidence
1. The defendant's legal statement [2015 Godan95]
1. A report on the actual state of the driver;
1. Previous convictions in judgment: Inquiry reports, investigation reports (Attachment to the rulings, etc. of the same kind of case), court rulings (2015 Godeman 1075);
1. A report on the actual state of the driver;
1. Previous records of judgment: Inquiry reports, investigation reports (attached to a copy of judgment, etc.), application of statutes governing judgment;
1. Relevant Article and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act - Selection of imprisonment with prison labor;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Order to attend lectures under Article 62-2 of the Criminal Act;