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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On January 20, 2012, the Defendant was sentenced to a fine of KRW 2.5 million for a crime of violating the Road Traffic Act at the Incheon District Court on January 20, 2012. On January 20, 2009, the Defendant was sentenced to a fine of KRW 7 million for a crime of violating the Road Traffic Act (driving), and on October 6, 2008, issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (driving) at the same court on October 6, 2008.
On June 3, 2016, around 16:20, the Defendant driven B earth vehicles with alcohol concentration of about 0.173% in blood from around 100 meters away from the day before the Home Packer located in Seo-gu Incheon, Seo-gu, Incheon to the day before the Home Packer located in 126 Do-ro 126 Do-ro, the same Gu-ro to the road before the Rackkin.
Summary of Evidence
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. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes of a criminal investigation report;
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning 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 suspended execution;