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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
Criminal facts
[criminal history] The defendant was sentenced to a fine of one million won for a crime of violating the Road Traffic Act at the Changwon District Court's Tong-gu branch on November 24, 2009, and on May 30, 2013, the defendant was sentenced to a fine of seven million won for a crime of violating the Road Traffic Act (driving) at the same court on May 30, 2013, and was sentenced to a fine of seven million won for a crime of violating the Road Traffic Act.
[Criminal facts] On June 24, 2016, the Defendant driven B K7 cars under the influence of alcohol leveling to about 0.110% in a section of approximately 500 meters from the 00-meter CU convenience store, which is located in the top of the CU convenience store in the city of Gyeongnam-si around 00:20 on June 24, 2016 to the road above the center of Gyeongnam-si.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved and report on the detection thereof;
1. Inquiries about the results of crackdown on drinking;
1. Previous conviction in judgment: Application of a reply to inquiry about criminal history, and application of Acts and subordinate statutes on investigation report;
1. Relevant provisions of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning facts constituting an offense, and the choice of imprisonment with prison labor;
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. For the reason of sentencing under Article 62-2 of the Criminal Act, the sentence against the defendant shall be determined by taking into account the following two conditions: (a) protection and observation; (b) the degree of alcohol alcohol concentration, the course and distance of driving, the traffic accident of the defendant's blood; (c) the records of punishment for the same crime; and (d) the defendant's age, sex, environment, and circumstances after the crime; and (c) protection and observation and attending lectures as a result of the risk of recidivism, reflectiveness, and reflection.