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A defendant shall be punished by imprisonment for not less than eight months.
except that 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
[criminal power] On June 25, 2010, the Defendant was issued a summary order of KRW 1 million with a fine of KRW 1 million for a violation of the Road Traffic Act at the Gangseo branch court of the Chuncheon District Court as well as a summary order of KRW 4 million with the same court on December 10, 2010.
【Criminal Facts】
On March 4, 2015, the Defendant, while under the influence of alcohol of 0.064% of blood alcohol concentration, driven a BluxG car at approximately 500 meters away from the road near the chip floor located in Gangseo-si Cancer-dong to the entrance and exit distance of the apartment house in the same Dong, from the GluxG car at approximately 500 meters.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the control results of drinking driving, and report on the situation of drinking driving;
1. Previous records: Application of criminal records, inquiry reports and summary order-related Acts and subordinate statutes;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., that the accused is against himself and that the blood alcohol concentration is low);
1. It shall be decided as per the Disposition on the grounds of Article 62 (1) of the Criminal Act or more (recognating Reasons for discretionary mitigation);