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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
[criminal power] On May 14, 2003, the defendant was issued a summary order of KRW 700,000 by the Seoul Western District Court to a fine of KRW 100,000 for a violation of the Road Traffic Act, a summary order of KRW 4 million for a violation of the Road Traffic Act at the Seoul Western District Court on November 2, 2007, and a summary order of KRW 3 million for a violation of the Road Traffic Act at the Seoul Western District Court on April 24, 2008.
【Criminal Facts】
On August 2, 2013, at around 22:20, the Defendant driven approximately 6 km from the front day of the Hecheon-si, Youngcheon-si, Mancheon-si, Mancheon-si, Mancheon-si, to the front day of the Gocheon-si, Gocheon-si, Gocheon-si, the Defendant driven approximately 0.143 % of alcohol concentration.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement of a drinking driver, report on the detection of a drinking driver, report on the circumstances of a drinking driving, and inquiry into the results of crackdown on drinking driving;
1. Criminal records as stated: Application of a reply to criminal records and statutes;
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) concerning the option of punishment;
1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation [General Considerations favorable to the defendant among "reasons for discretionary mitigation"]
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant had already been sentenced to a fine on several occasions as stated in the judgment of the court below, but the motor vehicle was driven under the influence of alcohol while under the influence of alcohol, and that the amount of the drinking alcohol measurement is considerably high is also disadvantageous to the defendant.
However, given that there are circumstances favorable to the Defendant, such as the Defendant’s age, character and conduct, which reflects the Defendant’s mistake in depth, and there is no history of punishment heavier than the above fine, etc., the punishment as ordered shall be determined by taking into account all the circumstances under which the sentencing conditions, such as the Defendant’s age, character
It is so ordered as per Disposition for the reasons above.