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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 April 15, 2008, the Defendant was issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District Court on March 15, 2008; on December 19, 2008, the court issued a summary order of KRW 1.5 million for the same crime; on September 6, 2010, the Seoul Southern District Court issued a summary order of KRW 3 million for the same crime.
【Criminal Facts】
On February 13, 2015, the Defendant driven a B K5 vehicle under the influence of alcohol level of about 0.104% at a section of about 2 km from the road where it is impossible to find out whether it is located in the Yongsan-gu, Yongsan-gu, Yongsan-gu, Yongsan-gu to the front road of the Goyangyang Police Station located in No. 1008, Seoyang-gu, Seoyang-gu, Seoyang-gu.
Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the control of drinking driving;
1. Previous records of judgment: Application of criminal records, inquiry reports, and Acts and subordinate statutes attached to criminal records, investigation reports (a summary order of like criminal records of a suspect);
1. Relevant 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 for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. In light of the fact that the sentence of Article 62-2 of the Criminal Act to attend a lecture was imposed with a fine, etc. as the power of the same kind or similar in the past, it is highly necessary to punish the person again.
However, the execution will be suspended by making the last belief that the defendant does not repeat the crime.
It is so decided as per Disposition for the above reasons.