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1. The defendant shall be punished by imprisonment for eight months;
2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;
3.
Reasons
Punishment of the crime
On December 21, 2006, the defendant was sentenced to a fine of 700,000 won for the crime of violation of the Road Traffic Act at the Busan District Court on December 21, 2006, and on June 24, 2016, the defendant filed a summary order with the Busan District Court for the same crime and is continuing the trial.
Criminal facts
On June 15, 2016, the Defendant, while under the influence of alcohol of 0.286% of blood alcohol concentration around 22:23 on June 15, 2016, driven a Grandroth vehicle in the Bland from around about 3km to about 0.286% in front of the government unit restaurant located in Gangseo-gu, Busan Metropolitan City.
Summary of Evidence
1. Defendant's legal statement;
1. Reports on detection and circumstantial statements of violations of the Road Traffic Act;
1. Previous convictions indicated in judgment: Criminal history records, probationary records, reporting on results of confirmation, and applying Acts and subordinate statutes to investigation reports (formers and attachment);
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;
2. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
3. Article 62 (1) of the Criminal Act;
4. Probation, community service order, and order to attend a lecture under Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act, Article 59 of the Act on Probation, Etc., repeats drinking immediately after regulating the illegal drinking, and the drinking volume is considerably disadvantageous.
However, it is against the fact that the punishment has not been imposed to imprisonment without prison labor or more for the same crime, and the punishment is determined as the order in consideration of the sentencing conditions, such as the age, character and conduct of the defendant.