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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 of the final judgment.
Reasons
Punishment of the crime
On May 2, 2007, the Defendant issued a summary order of a fine of two million won for a violation of the Road Traffic Act in the Busan District Court's Branch Branch of Incheon District Court on May 2, 2007, and on June 19, 2007, the Incheon District Court sentenced 8 months of imprisonment for a violation of the Road Traffic Act (driving) and 2 years of suspended execution, which was sentenced to a fine of 700,000 won for a violation of the Road Traffic Act (unlicensed Driving) at the Incheon District Court's Branch of the Incheon District Court on November 8, 2007, and on October 17, 2008, the same criminal records are more than 7.5 million won for a violation of the Road Traffic Act (Driving without a license) from the Busan District Court's Branch of the Incheon District Court on October 17,
On February 7, 2014, at around 23:13, the Defendant driven CK 3 automobiles under the influence of alcohol by 0.143% of alcohol concentration from the 251st road in Bupyeong-gu Incheon, Bupyeong-gu, Incheon to the ZF Korea’s roads in Bupyeong-ro 195, Bupyeong-gu, Incheon.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstances of a drinking driver, and inquiry into the results of crackdown on drinking driving;
1. The application of criminal records and investigation reports, and statutes;
1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting the crime. Article 148-2 (1) of the same Act.
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act. Article 55 (1) 3 of the Criminal Act
1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);
1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;
1. The scope of applicable sentences under Acts: Imprisonment for not less than six months up to one year and six months; and
2. Determination of sentence: Imprisonment with prison labor for eight months, suspended sentence for two years, community service order for 80 hours, order to attend a compliance driving lecture for 40 hours (limited to a reasonable circumstances)