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A defendant shall be punished by imprisonment for not less than eight months.
except that 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 July 20, 2007, the Defendant issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act at the Suwon District Court, and on July 25, 2008, the Defendant issued a summary order of KRW 5 million for the same crime, etc. at the same court.
On June 16, 2014, at around 23:50, the Defendant driven BMW car under the influence of 0.105% alcohol concentration at the street of the Hanpo-dong, Eunpyeong-gu, Seoul, 401-16.
Summary of Evidence
1. Defendant's legal statement;
1. Report on detection of a host driver and report on the circumstances of a host driver;
1. Records before judgment: Application of criminal records, etc. and Acts and subordinate statutes;
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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (i.e., that a person does not drive under the influence of alcohol in the future as he/she repents wrongs);
1. Although the criminal defendant, who has been punished several times due to the reasons for sentencing under Article 62(1) of the Criminal Act (the above circumstances) of the suspended sentence, has been under the influence of driving under the influence of alcohol without a license, the criminal liability is not weak, considering that the defendant's mistake is recognized and reflects the fact that the defendant does not cause a traffic accident due to the driving of this case, circumstances favorable to others such as the defendant's character, behavior and environment, and drinking water at the time of driving, etc., the punishment shall be determined as ordered by the order, taking into account all other circumstances, which