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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 May 23, 2014, the Defendant was sentenced to a summary order of a fine of six million won for a violation of the Road Traffic Act at the Seoul Central District Court on May 23, 2014 and was punished four times for the same crime.
The defendant is a person who drives a Cbea cruise car.
On May 12, 2014, at around 23:58, the Defendant driven the said car at a distance of approximately 200 meters from Jongno-gu Seoul Jongno-gu to the front floor of Cheongcheon Building by Cheongcheon-do 2 under the influence of alcohol level of 0.184%.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the police interrogation of the accused;
1. The actual condition survey report;
1. A report on detection of a host driver;
1. Photographs;
1. Previous convictions indicated in judgment: Criminal records, investigation reports (report attached thereto, such as a summary order), and application of Acts and subordinate statutes concerning investigation reports (Attachment of the same criminal records and a summary order);
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. Mitigation of discretionary work and consideration given to the circumstances under Articles 53 and 55 (1) 3 of the Criminal Act (including the cases where he/she repents wrongs and the fact that he/she has no criminal record of imprisonment without prison labor or heavier punishment);
1. Article 62 (1) of the Criminal Act (Taking into account the same circumstances as the above);
1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;