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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
Criminal facts
On January 24, 2007, the Defendant was sentenced to a fine of 3.5 million won as a crime of violating the Road Traffic Act at the Busan District Court on January 24, 2007, and a fine of 3 million won as a crime of violating the Road Traffic Act at the Busan District Court's branch on October 31, 2012.
On June 6, 2016, the Defendant driven a BP motor vehicle in the state of alcohol alcohol concentration of approximately 0.237% from the upper 2km section of approximately 2km to the front road of the upper Dong-dong Office located in the upper east-dong in Kimhae-si, Kimhae-si, Kimhae-si, to the front road of the Jincheon-dong, Do-dong, Kimhae-si.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating drinking driving;
1. Inquiries about criminal history and the application of Acts and subordinate statutes of the reporting of investigation (same species of force);
1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;
1. Selection of imprisonment with prison labor chosen;
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. In full view of the reasons for sentencing under Article 62-2 of the Criminal Act: (a) the details and distance of drinking alcohol driving; (b) the degree of drinking alcohol; (c) criminal records; and (d) the violation of an order to attend a lecture, etc.