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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
On February 9, 2007, the defendant was sentenced to 8 months of imprisonment and 2 years of suspended execution for the crime of violation of the Road Traffic Act at the Gwangju District Court on February 9, 2007. On May 30, 2008, the same court was sentenced to a fine of 3 million won for the crime of violation of the Road Traffic Act. On October 11, 201, the same court was sentenced to a fine of 3 million won for the crime of violation of the Road Traffic Act.
On April 18, 2014, the Defendant driven B vehicles at a distance of 100 meters from the roads in front of the same Sinan-gu Sung-dong, Seoan-gu, Seoan-gu, Seocheon-si, in the state of alcohol of 0.159% of blood alcohol concentration at 0.159%.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiry into the result of the crackdown on drinking driving;
1. Application of Acts and subordinate statutes, such as criminal records;
1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, 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. In light of all sentencing factors indicated in the pleadings, such as the fact that probation and community service order have many previous convictions of the same kind for sentencing under Article 62-2 of the Criminal Act, and the blood alcohol concentration is significant at the time of the instant crime, but the instant crime does not cause a traffic accident, the driving distance is relatively short, and the Defendant is seriously against the Defendant after the crime, the lower limit of the statutory penalty shall be determined within the scope of discretionary mitigation once, taking into account all sentencing factors indicated in the arguments.