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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 August 24, 2007, the Defendant was sentenced to a fine of 700,000 won as a crime of violation of the Road Traffic Act at the Daejeon District Court on September 22, 2007, and became final and conclusive on January 17, 2008, by the Daejeon District Court on January 17, 2008, the Defendant was sentenced to a suspended sentence of 2 years on January 25, 2008.
On August 29, 2016, at around 22:12, the Defendant driven a C-learning car under the influence of alcohol content of about 500 meters from the front of a restaurant on the mutual and aesthetic road located in the Daejeon Seodong-dong to the front of the same Gu Gap Dong-dong, the Defendant was under the influence of alcohol content of about 0.115%.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving, the details of crackdown, and the circumstantial statement of the drinking driver;
1. Previous records: Application of inquiries, such as criminal records, and criminal records, and Acts and subordinate statutes;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act (Article 62 (1) of the same kind of crime has the record of being punished five times for the same type of crime, but has no record of punishment for a considerable period since 2008 to the crime of this case, the sale of a vehicle while recognizing and opposing the fact of crime and not re-offending the crime, taking into account the age, character
1. Order to attend lectures under Article 62-2 of the Criminal Act;