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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 Records of Crimes】 On January 12, 2007, the Defendant was sentenced to a fine of KRW 700,000 for a violation of the Road Traffic Act in the Ansan District Court’s Ansan Branch, and was sentenced to a fine of KRW 2 million for the same crime in the same court on January 17, 2008, and was sentenced to a fine of KRW 5 million for the same crime at the Suwon District Court on May 28, 2010.
【Criminal Facts” around 00:21 on March 23, 2013, the Defendant driven a B B B B B-type car over a section of about 200 meters from the Do near the territory of the Nam-gu, Incheon Metropolitan City to the roads front of Samsung Bio-resources located in the same Dong from the Do near the territory of the State of the Nam-gu.
Summary of Evidence
1. Defendant's legal statement;
1. A written appraisal of blood alcohol;
1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;
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 work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that the mistake of a person is recognized and reflected, and the fact that there is no past record of punishment heavier than the fine);
1. Article 62 (1) of the Criminal Act on the suspension of execution (the preceding part of the Criminal Act shall be repeatedly considered for the benefit of the defendant);
1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;