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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On February 29, 2016, the Defendant was charged with a fine of 2 million won for a violation of the Road Traffic Act (drinking driving), etc. with the Seoul Western District Court on February 29, 2016, and was charged with a summary charge of a fine of 5 million won on March 30, 2016.
The Defendant was under the influence of alcohol content of 0.137% in blood, and on February 21, 2016, the Defendant driven a vehicle with approximately 5 km to Cribe in front of the Korean funeral hall located in Kimpo-si, Kimpo-si, Kimpo-si on the road in front of the Korean funeral hall in Kimpo-si.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol driving;
1. References to inquiries, such as criminal history, and reporting of the results of confirmation before and after each disposition;
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Article 53 and Article 55(1)3 of the Criminal Act for Reduction of Small Quantity (see, e.g., Supreme Court Decision 2007Da15488, Apr. 1, 2007)
1. Article 62 (1) of the Criminal Act (the same shall apply to the grounds for mitigation of the amount of punishment);