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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] On November 9, 2007, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act at the Seoul Southern District Court, and a fine of two million won for a violation of the Road Traffic Act at the Seoul Southern District Court on December 3, 2009.
【Criminal Facts】
On February 8, 2014, at around 00:51, the Defendant driven a B-R car at a level of approximately 100 meters alcohol concentration at approximately 0.178%, from the front line for trade in the name of the person located in Seognam-dong, Seosan-si to the front route of the said building in the same location.
Summary of Evidence
1. Defendant's legal statement;
1. C's written statement related to traffic accidents;
1. The actual survey report on traffic accidents;
1. Report on detection of a host driver and report on the circumstances of a host driver;
1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (report attached to the same type of electric records) Acts and subordinate statutes;
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);
1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc., even though the defendant had been sentenced to a fine due to drunk driving, again commits the instant crime, and the occurrence of the accident even during the said period and the nature of the crime is not good.
However, considering the circumstances favorable to the defendant that the defendant was aware of the crime of this case, reflects the mistake in depth, and again, the defendant is expected not to drive under the influence of alcohol, and considering the defendant's age, occupation, criminal record, etc., the punishment as stated in the order shall be determined in consideration of various sentencing conditions stated in the records of this case, including the defendant's age, occupation, and criminal record, and the execution thereof shall be suspended and the defendant shall be ordered to attend
order for any reason above.