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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On May 30, 2014, the Defendant was sentenced to a fine of 3.5 million won for a violation of the Road Traffic Act in the Busan District Court's branch branch court, and on December 8, 2008, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act in the Busan District Court's branch court.
On August 7, 2016, at around 21:51, the Defendant driven Cunstun car under the influence of alcohol with approximately 200 meters alcohol concentration of approximately 0.206% from the road before the YYYYYYYY, Busan, to the YYYYYYYYYYY, the Defendant driven Cunstun car in the state of under the influence of alcohol content of about 200 meters.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the state of the operation of a motor vehicle;
1. Application of statutes concerning criminal records;
1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act (The following conditions shall be considered in light of the favorable circumstances among the reasons for sentencing);
1. An order to attend a lecture or an order of community service under Article 62-2 of the Criminal Act is very important for the sentencing of the defendant, and the fact that the defendant can take the same part of the case is disadvantageous to the defendant.
However, there are favorable circumstances such as the fact that the defendant recognizes the facts charged and seriously reflects the facts charged, and that the defendant has no criminal record exceeding the fine.
In addition, the defendant's age, character and conduct, environment, means and results of crimes, and the circumstances after crimes shall be determined as ordered by taking into account various sentencing conditions shown in the trial process of this case.
[Sentencing Criteria] - No sentencing criteria are set