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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 24, 2010, the Defendant issued a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act in the Changwon District Court's branch on December 24, 201, and on May 27, 2011, the Defendant was issued a summary order of KRW 4,50,000 for a fine of KRW 4,50,00 for a violation of the Road Traffic Act.
Despite the fact that the Defendant had been punished twice or more for the crime of violating the Road Traffic Act, at around 02:18 on March 1, 2015, the Defendant driven C Poter cargo under the influence of alcohol content of about 0.063% from the 3km section to the access road to the Seongbuk Village located in the same Ri, i.e., the same e., from the front of the same bridge located in the ebbbba-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Gyeongnam-gun, on the same day.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;
1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (reports on the same type of criminal records and attachment of judgments);
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);
1. Despite the fact that there are a large number of criminal records of the same kind of crime with the reason of sentencing, the defendant should be punished strictly as long as he/she drives under drinking once again.
However, in consideration of the fact that the defendant reflects his/her crime and is not a high level of drinking consumption measured, a sentence like the order shall be sentenced.