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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, 2011, the Defendant was sentenced to a fine of KRW 700,00 as a crime of violating the Road Traffic Act (drinking driving) in the Incheon District Court’s Busan District Court’s Branch on September 8, 201, and was sentenced to a fine of KRW 2 million as a same crime in the same court on September 19, 201.
On February 19, 2016, the Defendant driven a B-wing truck with the alcohol concentration of 0.113% 0.13% in blood on the front of the 412-dong Magu-dong-dong-dong Masan-dong, U.S. on February 19, 2016.
Summary of Evidence
1. Statement by the defendant in court;
1. Each previous offense listed in a report on the circumstances of driving a week;
1. Written inquiry about criminal history, etc.;
1. Application of Acts and subordinate statutes to investigation reports (before drinking and attaching a summary order);
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) 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. Sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of and Order to Attend Courses;
1. The scope of punishment by law: Imprisonment with prison labor for six months and one year and six months;
2. Whether or not to apply the sentencing criteria: Offenses against which the sentencing criteria are small and the sentencing criteria are not set; and
3. The period of a stay of execution of two years for eight months after the sentence is sentenced (the details and results of the crime, the criminal records and his results, the relationship with the same criminal records, the fact that he has no criminal records nor any other criminal records, the age,