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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 15, 2005, the Defendant was sentenced to a fine of KRW 1,500,000 for the crime of violation of the Road Traffic Act ( sound driving), etc. in the Gwangju District Court’s Seoul District Court’s Seoul District Court’s branch on October 13, 201, a fine of KRW 1,500,000 for the same crime, and a fine of KRW 3,000,000 for the same crime in the same court on December 17, 2014, respectively.
On October 20, 2014, at around 23:34, the Defendant driven a B Trate car under the influence of alcohol content of approximately 0.181% in a section of about 1km from the road where it is impossible to find out whether it is located in the Dobong-gu, Sinju-si, Sinju-si, from the road where it is impossible to find out whether it is located in the Dobong-do, Sinju-si, Sinju-si, Sinju-si.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the control of drinking driving;
1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (a summary order, etc. against the same type of power);
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;
1. Article 62 (1) of the Criminal Act;
1. The defendant's punishment power of drinking driving has reached four times for sentencing of Article 62-2 of the Criminal Act, and it is necessary to make strict punishment in that it has been discovered again as drinking driving of this case on one month from the date of the immediately preceding crime.
However, the sentencing conditions, such as the age, family relationship, occupation, environment, etc. of the defendant, including the fact that the defendant is unable to repeat and reflect in depth, and there is no record of punishment exceeding fines, etc., shall be determined as the same as the order.