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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 September 6, 2007, the Defendant issued a summary order of KRW 500,000,000 as a fine for a crime of violating the Road Traffic Act at the Seoul Southern District Court and KRW 3 million as a fine at the Seoul Western District Court on March 28, 2012.
On October 10, 2016, at around 02:10, the Defendant driven B SP car under the influence of alcohol content of about 0.149% in a two-meter radius from the 137-1st road of the Seoul Dongjak-gu Seoul Metropolitan Government on the roads adjacent to the Nowon-gu Fish Fishery Market, and on the roads prior to the 137-1st road.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (including the facts that seem to be contradictory to others) of the mitigated amount;
1. Article 62(1) of the Criminal Act on the suspension of execution (the foregoing reasons are considered);
1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act of the community service order;