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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
The defendant was punished for the violation of the Road Traffic Act (Meju Driving), for a fine of 700,000 won in Seoul Southern District Court on April 2, 2007, for a fine of 1.5 million won in the Suwon District Court on November 18, 2008, for a fine of 1.5 million won in the Ansan District Court on September 28, 201, and for a fine of 2 years in the Seoul Southern District Court on September 28, 201.
On September 18, 2015, around 21:34, the Defendant driven a B-hand vehicle with blood alcohol concentration of 0.069% at a section of approximately 300 meters from the Do of Yan-dong, Yan-dong, Yan-dong, Yan-dong, to the front road, regardless of the luxin luxic acid, in a state of alcohol alcohol concentration of 0.069%.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving, the report on the situation of drinking driving, and the statement of the situation;
1. Notification of the control of drinking driving;
1. The application of Acts and subordinate statutes on criminal records, inquiry reports, and investigation reports;
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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act on the stay of execution (it shall be taken into consideration, such as the fact that the defendant has not been subject to the same punishment but is led to confession and reflected by the defendant, and that the blood alcohol concentration and the blood alcohol content of the defendant have not
1. It is so decided as per Disposition for reasons under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act, and Article 59 or more of the Act on Probation, etc.;