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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal power] On April 26, 2012, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Road Traffic Act at the Gangnam Branch Branch of the Chuncheon District Court, etc. on July 28, 2010, two years of suspension of execution to eight months of imprisonment with prison labor for a violation of the Road Traffic Act (driving), 1.5 million won of fine by the same court on July 28, 2009, and 1.5 million won of fine by the same court on July 10, 2008, respectively.
【Criminal Facts】
On July 23, 2015, at around 08:34, the Defendant driven a BS5 vehicle with a blood alcohol content of about 4 kilometers from the Do in front of the East Sea State at the same time to the roads near the Gamban-dong located in the same city.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, and report on the results of the crackdown on drinking;
1. Previous records of judgment: Application of criminal records, inquiry reports (verification of criminal records of the same kind, judgment, etc.) and other Acts and subordinate statutes;
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. Article 62 (1) of the Criminal Act;