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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 April 30, 2009, the Defendant was sentenced to a fine of KRW 2.5 million for a violation of the Road Traffic Act (driving) in the Suwon District Court’s Ansan Branch, and a fine of KRW 2 million for a violation of the Road Traffic Act (driving) in the Suwon District Court’s Ansan Branch on April 30, 2010, respectively.
On December 13, 2012, the Defendant was under the influence of alcohol content of 0.052% on blood alcohol content at around 22:20 on December 13, 2012, and was driving B B in front of the park station located in Ansan-si, Ansan-si, Hasan-si, Hasan-si, Hasan-si.
Accordingly, the defendant was punished twice or more due to drinking driving, and driving a motor vehicle under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the control of drinking driving;
1. Previous records of judgment: Application of inquiry reports and investigation reports (Attachment to previous records of the same type and a copy of the judgment) 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 (Taking into account the fact that the criminal defendant reflects his/her gender and that there is no record of punishment exceeding the fine);
1. Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act, Article 59 of the Act on Probation, Etc.;