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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On November 12, 2010, the Defendant is a person who violated Article 44(1) of the Road Traffic Act by having been sentenced to a fine of one million won for a violation of the Road Traffic Act at the Busan District Court on November 12, 2010, and a fine of two million won for a violation of the Road Traffic Act at the Busan District Court on November 11, 2015.
On December 8, 2017, the Defendant, while under the influence of alcohol level of 0.078% among the blood transfusion around 08:10 on December 8, 2017, driven the Bland Lone Star Co., Ltd., and continued approximately 1 km in the vicinity of the station, from the Jingu Apartment apartment in Busan Metropolitan City, to the Center in Busan Metropolitan City.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;
1. Application of Acts and subordinate statutes, such as inquiry about criminal history and text of judgment;
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Taking lectures and community service orders under Article 62-2 of the Criminal Act;