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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 May 7, 2013, the Defendant received a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act, and on April 3, 2014, the same court received a summary order of KRW 2 million as a fine for the same crime, and on November 26, 2014, issued a summary order of KRW 7,00,000 as a fine for the same crime in the same court. On April 22, 2015, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act at the Seoul Central District Court.
At around 12:55 on June 27, 2015, the Defendant driven B rocketing car under the influence of alcohol concentration of about 1.5 km at around the road located in the oil line high school located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul at around 12:55 on the same day from the lease and coffee shop located in Mapo-gu, Seoul.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial report of an employee;
1. The driver's license ledger;
1. Previous convictions in judgment: Application of Acts and subordinate statutes of investigation report (Attachment of summary order);
1. Article 152 subparagraph 1 of Article 152, Articles 43, 148-2 (1) 1 and 44 (1) of the Road Traffic Act applicable to the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant committed the instant crime even though he had been punished five times from around 2013 due to drinking driving and driving without a license, etc. However, in light of the fact that the defendant recognized and reflects the crime, the fact that the defendant has no record of punishment exceeding the fine, and that there was no record of punishment exceeding the fine, the punishment as ordered shall be determined by taking into account all the sentencing conditions such as the defendant's age, character and behavior, environment, and circumstances after the crime.