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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 record] The defendant was sentenced to a fine of one million won on April 4, 2008 to a fine of one million won on the ground of a violation of the Road Traffic Act at the Suwon District Court's Eunpyeong site, and on November 17, 2009, the defendant was sentenced to a fine of three million won on the same crime in the same court.
【Criminal Facts】
On October 11, 2013, while under the influence of alcohol by 0.30%, the Defendant driven a mast car at a section of approximately 50 meters away from the front side of the “fasting post office” in the same Ri located in Pyeongtaek-si, Bupyeong-gu, Seoul Special Metropolitan City under the influence of alcohol content by 0.30%.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the status of a drinking driver, and the written report on the status of a drinking driver;
1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;
1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The crime of committing another case without among the defendants who can have the same kind of power as stated in the first head of the judgment of sentencing in Article 62-2 of the Criminal Act, and the crime of committing this case is light in that this case’s blood alcohol concentration is very high.
subsection (b) of this section.
However, in order to prevent recidivism, punishment shall be determined as ordered in consideration of various sentencing conditions shown in the record, such as the fact that the defendant recognized the crime and reflects the fact that there is no criminal record exceeding the fine due to the same crime, and probation and the order to attend the course shall also be issued.