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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On January 10, 201, the Defendant was issued a summary order of KRW 2 million with a fine of KRW 7 million with a fine of KRW 7 million due to a violation of the Road Traffic Act at the Seoul Western District Court on Seoul, and on December 7, 2012, with a fine of KRW 7 million with a penalty of violating the Road Traffic Act at the Seoul Western District Court on December 7, 201.
around 01:50 on May 21, 2016, the Defendant driven a E-owned vehicle while under the influence of alcohol of about 500 meters in a section of approximately 500 meters in alcohol content from the roads near Yongsan-gu Seoul Metropolitan Government, Yongsan-gu to the roads under the south of the Republic of Korea, Hannam-do.
Summary of Evidence
1. Statement by the defendant in court;
1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;
1. Records of judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the same type of previous conviction and summary order);
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;
1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture of this case, even though the defendant had been punished five times or more for drinking driving including the criminal records as stated in the judgment, and again, it is necessary to make a strict punishment corresponding thereto.
However, the above punishment shall be determined in consideration of the fact that the defendant repents his mistake, and the alcohol concentration in blood is not high enough to spread.