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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] The defendant was sentenced to eight months of imprisonment with prison labor for a violation of the Road Traffic Act in the Young-dong District Court on November 22, 2007.
【Criminal Facts】
As stated in the facts stated in the above judgment, the Defendant driven a cargo vehicle under the influence of alcohol level of 0.147% on October 23, 2006, and 0.252% on October 14, 2007, respectively, while under the influence of alcohol level of 0.252% on two or more occasions, and again drives a cargo vehicle under the influence of alcohol level of 0.23% on August 21, 2015 on August 9, 2015.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of driving under the influence of alcohol, and a statement of appraisal of alcohol during blood;
1. Records of previous judgments: Criminal records, etc., inquiry reports, investigation reports (Attachment of judgments on driving under influence at least twice), and application of Acts and subordinate statutes of one written judgment;
1. Relevant Acts concerning facts constituting a crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act (Article 62 (1) of the suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) has been sentenced to punishment for the same kind of crime several times, but there is no record of the same crime after 2008 and the fact that
1. Probation and community service order shall be decided as ordered by the court on the grounds of Article 62-2 or more of the Criminal Act;