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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 January 25, 2010, the Defendant was sentenced to a summary order of KRW 3.5 million due to a violation of the Road Traffic Act (driving) in the Daegu District Court Kimcheon-do branch on January 25, 201, and on May 28, 2010, the Defendant was sentenced to imprisonment for 6 months and 2 years of suspended execution.
【Criminal Facts】
Defendant
Around 06:20 on May 26, 2013, BM7 car was driven under the influence of alcohol concentration of 0.170% on the front of the 21C basin in the Nowon-gu, Nowon-do.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of driving under the influence of alcohol, report on the state of driving under the influence of alcohol drivers, and inquiry into the results of regulating drinking under the influence of alcohol
1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A), investigation reports, and 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 201);
1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);
1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of orders to provide community service and attend lectures;