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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 three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[Criminal Power] On September 19, 2007, the Defendant was sentenced to a fine of five million won due to a violation of the Road Traffic Act (driving) at the Daegu District Court. On July 16, 2008, the Defendant was sentenced to imprisonment for six months and two years of suspended execution.
【Criminal Facts】
On January 31, 2013, at around 21:43, the Defendant driven a B rocketing car with a blood alcohol content of about 0.085% from the 1km section from the front of the Hadon Sea State of the Hadon Sea to the front of the restaurant.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the result of the control of driving on a motor vehicle;
1. Records of previous judgments: Criminal records, etc. inquiry reports, investigation reports (Attachment to the suspect's previous records and judgments), and application of two copies of written judgments;
1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);
1. Article 62 (1) of the Criminal Act;
1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;