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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
On March 17, 2015, the Defendant, while under the influence of alcohol at 03:45% of blood alcohol content, driven a B-wing vehicle over approximately 150 meters prior to the “Gangju-gu Street 1175, Cheongju-gu, Cheongju-si, Cheongju-si, G-dong, with the alcohol content of 0.14%.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol regarding C;
1. Statement of control, investigation report, report on the entry into an immigration driver, and report on the status of the immigration driver, and report on the oral statement;
1. Application of statutes on site photographs;
1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act that selects the penalty;
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act was that the Defendant was sentenced to five years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act in 2001, and the Defendant was subject to a summary order of a fine of KRW 2 million for a violation of the Road Traffic Act in 2008. In addition, the Defendant committed the instant crime of the same kind in the same time, and when the instant crime was controlled by the instant crime, the circumstances and attitudes after the commission of false statements to the offender were bad.
However, the punishment shall be determined as ordered in consideration of the fact that the defendant does not repeat the crime, and various sentencing conditions, such as the background of the crime, age, character and conduct, occupation and family relation of the defendant, etc. shall be taken into account, and the execution of the above punishment shall be suspended, and community service for 120 hours shall also be ordered.