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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 11, 2008, the Defendant was issued a summary order of one million won for the crime of violating the Road Traffic Act by the Daegu District Court. On September 2, 2008, the Defendant was issued a summary order of two million won for the same crime, etc. from the Seo branch branch of the Daegu District Court. On September 10, 2008, the Defendant was issued a summary order of three million won for the same crime with the same support. On April 6, 201, the Defendant was sentenced to a fine of five million won for the same crime, etc. by the Daegu District Court.
On October 15, 2015, at around 07:05, the Defendant driven CFD car under the influence of alcohol content 0.084% while under the influence of alcohol at approximately 15 kilometers from the roads in front of the Defendant’s dwelling in the Daegu Sinsi-gu B to the entrance of the Namgu Singu Seog-dong.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Inquiry into the result of the crackdown on drinking driving;
1. Previous records of judgment: Criminal records, etc. and application of inquiry reports and investigation reports-related Acts and subordinate statutes;
1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration of a fine exceeding the fine for a crime of the same kind, timing of detection, amount of drinking alcohol, etc.);
1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;