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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 November 24, 2008, the Defendant issued a summary order of a fine of KRW 2.5 million for a crime of violating the Traffic Act at the Busan District Court on November 24, 2008, and a fine of KRW 4 million for a crime of violating the Traffic Act at the above court on October 2, 2013.
On March 3, 2016, around 00:50, the Defendant driven B car with alcohol content of 0.058% from a 100-meter section to the front day of the 2nd stop of the same Eup/Myeon located in the new village shopping district located in the Simho-si Eup, Youngnam-gun.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating drinking driving;
1. Inquiries about the results of regulating drinking driving, making inquiries about criminal records, and applying Acts and subordinate statutes to investigation reports (A);
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant committed the instant crime without having been punished several times for the same kind of crime.
On the other hand, the fact that the defendant recognized the crime of this case, and that there was no record of being sentenced to a fine exceeding the fine due to the same crime, etc. are favorable to the defendant.
In addition to the above sentencing grounds, various circumstances revealed in the arguments of this case, such as the defendant's age, sexual conduct, family relationship, environment, circumstances after and result of the crime, etc., shall be comprehensively considered and decided as ordered.