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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On July 24, 2013, the Defendant was issued a summary order of KRW 5 million with a fine of KRW 1 million due to a violation of road traffic laws at the Seoul Western District Court on July 24, 2013, and a summary order of KRW 3 million with a fine of KRW 1 million due to a violation of road traffic laws at the Seoul Northern District Court on January 27, 2014.
On April 4, 2016, while under the influence of alcohol level of 0.085% during blood transfusion, the Defendant driven a B camping car from the “Umsan Electronic Commercial Building” located in Yongsan-gu Seoul Metropolitan Government to the front road of the “Macheon 16-ro, Jung-gu, Seoul to the two-lane unification.”
Accordingly, the Defendant, who violated the provisions on prohibition of vehicle operation under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol in violation of the said provisions.
Summary of Evidence
1. Statement by the defendant in court;
1. The circumstantial report of the driver employed at the main place;
1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history, (A) and applicable Acts and subordinate statutes concerning reporting and management;
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (including the facts that seem to be contradictory to others) of the mitigated amount;
1. Article 62(1) of the Criminal Act on the suspension of execution (the foregoing reasons are considered);
1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act of the community service order;