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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 September 17, 2008, the Defendant received a summary order of a fine of KRW 1.5 million from the Daegu District Court's branch court to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) on April 26, 201, to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) from the Seobu branch court of the Daegu District Court's branch court on June 13, 201, to a fine of KRW 2.5 million for a violation of the Road Traffic Act (driving) from the Seo branch court of the Daegu District Court on January 9, 201, respectively.
At around 15:30 on May 10, 2015, the Defendant driven a rocketing car under the influence of alcohol content of about 0.219% from the upper corner of the Western apartment 2nd in the west-gu, Daegu-gun, Daegu-gun, to the front corner of the west-gu, and the front corner of the west-gu, the Defendant was under the influence of alcohol content of about 0.219%.
As a result, the defendant was driving a motor vehicle under the influence of alcohol, even though he had a record of punishment twice or more.
Summary of Evidence
1. Defendant's legal statement;
1. A report on detection of a host driver;
1. The circumstantial report of an employee;
1. Previous convictions indicated in the judgment: Criminal records, etc., inquiry report (A), investigation report (a copy of the summary order of the same kind of case), and application of Acts and subordinate statutes that report the results of dispositions and confirmation;
1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 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. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of confession, reflectivity, and fine, etc. that has no record of serious punishment);
1. Order to attend lectures under Article 62-2 of the Criminal Act;