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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 February 28, 2007, the Defendant received a summary order of KRW 1,00,000,000 as a fine for a violation of road traffic law, and on November 26, 2012, a summary order of KRW 1,50,00,000 as a fine from the Jung-gu District Court for the same crime.
On September 17, 2016, the Defendant driven at around 04:30 on the north-gu death in the Dong-gu, Dong-si, North-si, North-si, North-si, North-si, in front of the dong-si, also driven a Bland with approximately 150 meters alcohol content of 0.112% in alcohol content from the 150-meter section to the front road of the dong-gu, North-si, North-si, North-si, North-si, North-si, North-si, Dong-si, Seoul.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. Statement of the circumstances of the driver involved in driving;
1. Inquiries about the results of crackdown on drinking driving;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the same type of force);
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to 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 stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);
1. The Defendant’s blood alcohol concentration at the time of committing the instant crime, which occurred again after the punishment of drinking driving no more than 2 reasons for sentencing under Article 62-2 of the Criminal Act of the community service order and the order to attend lectures, was not significant.
Strict punishment is inevitable.
Provided, That the punishment shall be determined as per the disposition in consideration of the defendant's age, family relations, and the fact that he does not have any other criminal records.