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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 6, 2009, the Defendant was sentenced to a summary order of KRW 4 million by a fine of KRW 6 million by a violation of the Road Traffic Act, and on May 16, 2012 by the above court, to a suspended sentence of six months by imprisonment with labor for the same crime.
1. On August 9, 2014, at around 07:17:17, the Defendant driven a Cwing-III vehicle while under the influence of alcohol content of about 0.252% in a section of about 500 meters from the 50-meter radius to the front road of the 1051-4 located in the 105 of the 1954.
2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a motor vehicle owner in salary C and C.
A vehicle owner is prohibited from operating a vehicle which is not covered by mandatory insurance, but the Defendant operated the said vehicle at the same time and at the same place as that of the preceding paragraph.
Summary of Evidence
1. Defendant's legal statement;
1. A written report from an employee of an employer;
1. A report on the actual state of the driver;
1. Answers to requests for cooperation with investigation;
1. A reply to inquiries, such as criminal records;
1. Application of Acts and subordinate statutes to a report on investigation (report on confirmation of the same kind of power);
1. Relevant Act concerning the facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act;
1. Article 62 (1) of the Criminal Act (Article 62 (1) of the suspended sentence (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act provides that the execution of the sentence shall be suspended at once only in consideration of all the circumstances, including the fact that the defendant has been punished for drinking on three occasions, but not the quality of the crime
1. Probation, community service order and order to attend lectures under the Criminal Act;