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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 December 20, 2006, the Defendant received a summary order of KRW 2.5 million as a fine for a violation of the Road Traffic Act, and on September 30, 2009, the above court received a summary order of KRW 1.5 million as a fine for a violation of the Road Traffic Act.
On May 15, 2013, at around 02:40, the Defendant driven B Mt Motor Vehicle under the influence of alcohol level of about 0.187% from the front day of the water feassium in Young-gu, Young-gu, Gangwon-gu, Seoul Metropolitan City, to the front day of the water feassium in the same Eup/Myeon, from around 8km to the front day of the water feassium shelter in the same Eup/Myeon.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the status of the drinking driver, and report on detection of the drinking driver;
1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports, investigation reports (a copy of summary order) and Acts and subordinate statutes;
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (the grounds for probationary mitigation below);
1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the Criminal Procedure (Article 62 (1) of the Act on the Suspension of Execution provides that the execution of imprisonment shall be suspended in consideration of the circumstances unfavorable to the defendant, the fact that the defendant has already
1. Probation and order to provide community service and attend lectures, Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;