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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
[criminal power] On September 18, 2006, the defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act at the Seoul Central District Court on September 18, 2006, and one million won for the same crime at the Suwon District Court on November 7, 2008.
【Criminal Facts】
On July 23, 2014, at around 23:18, the Defendant driven B-learning car under the influence of alcohol with a blood alcohol concentration of about 0.232% from the section of approximately 3km from the 3km-dong Pungcheon-dong to the front road.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual status of a host driver;
1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (report on confirmation of the same kind of power) and 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);
1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);
1. Article 62-2 (1) of the Criminal Act to attend lectures;