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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 May 14, 2008, the Defendant is a person who violated Article 44(1) of the Road Traffic Act by being sentenced to a fine of two million won or more due to a violation of the Road Traffic Act at the Ulsan District Court (Drink) around May 14, 2008, and a fine of two million won or more due to a violation of the Road Traffic Act at the Busan District Court's Dong Branch branch on September 8, 2009.
On November 27, 2017, the Defendant driven a C vehicle under the influence of alcohol level of 0.148% among blood transfusions on November 27, 2017, and proceeded from the front of the mutual influent restaurant to the front of two times influences in the name of Busan-Eup.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;
1. Application of Acts and subordinate statutes, such as inquiry about criminal history and text of judgment;
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Taking lectures and community service orders under Article 62-2 of the Criminal Act;