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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
Punishment of the crime
On November 30, 2010, the Defendant received a summary order of KRW 2,500,000 as a fine for a violation of the Road Traffic Act (driving) from the Jung-gu District Court High Court on the grounds of the violation of the Road Traffic Act, and on October 27, 2014, the same court issued a summary order of KRW 4,00,000 as a fine for a violation of the Road Traffic Act (driving).
On May 1, 2016, around 04:40, the Defendant driven a C-teme vehicle while under the influence of alcohol of about 0.153% of blood alcohol concentration at the section of about 10 meters around the 54-gil-ro 26 o-gu, Seoyang-gu.
As a result, the Defendant violated Article 44(1) of the Road Traffic Act on the prohibition of driving under the influence of alcohol at least twice, and once again drives a motor vehicle in violation of this provision.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. The circumstantial report of a driver and each previous record in his/her photograph;
1. A statement on criminal records, etc.;
1. Investigation report and application of summary order Acts and subordinate statutes;
1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Grounds for sentencing Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.;
1. The scope of punishment by law: Imprisonment with prison labor for six months and one year and six months;
2. Whether or not to apply the sentencing criteria: Offenses against which the sentencing criteria are small and the sentencing criteria are not set.
3. The period of a stay of execution of two years for eight months after the sentence is sentenced (the details of the crime, the distance of driving, the degree of drinking alcohol, the previous records of the judgment and the suspension of execution of execution of one year or more, the age and character, etc. of the accused