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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 April 29, 2008, the Defendant was issued a summary order of a fine of three million won by the Jeju District Court due to a violation of the Road Traffic Act (driving). On June 4, 2010, the Defendant was sentenced to a suspended sentence of two years by imprisonment with prison labor for the same crime in the same court on June 4, 2010.
On March 14, 2015, the Defendant was under the influence of alcohol of 0.139% of blood alcohol concentration on a 18:44 March 14, 2015, and driven a C-wing and C-III cargo vehicle at a level of 500 meters from the front day of the offline in the Yellow-dong, Seopo-si to the front day of the e-mons household in the same way.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;
1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records and investigation reports (reports accompanying criminal records, etc. of suspects);
1. Relevant legal provisions and the choice of punishment for a crime: Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act; Selection of imprisonment;
1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;
1. Suspension of execution: Article 62 (1) of the Criminal Act;
1. Order to attend a lecture: It shall be decided as per Disposition on the grounds of Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;