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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 three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
【Criminal Facts】
On December 4, 2006, the Defendant received a summary order of KRW 1.5 million from the Cheongju District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act, and on September 2, 201, from the Suwon District Court to a fine of KRW 3.5 million for a violation of the Road Traffic Act.
【Criminal Facts】
On March 28, 2015, around 23:30 on March 28, 2015, the Defendant driven a Bsch Rexton car in the state of alcohol with approximately 10km from the street in the vicinity of Young-gu, Suwon-si to the point of 399 km on the Gyeongbu Highway.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the control of drinking driving;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;
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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: Determination as to whether or not to apply the sentencing criteria repeatedly for the same kind of crime committed: Relevant circumstances; and