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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 August 16, 2012, the Defendant was issued a summary order of KRW 5 million on the grounds of a fine of KRW 4 million for a violation of the Road Traffic Act, or a fine of KRW 5 million on July 3, 2013 for a violation of the Road Traffic Act.
On September 21, 2014, at around 21:30, the Defendant driven three vehicles owned by the Defendant, while under the influence of alcohol 0.214% of blood alcohol concentration, at a section of approximately 200 meters from the front of a restaurant in the influence of the local Donnam-si, the local government of the Republic of Korea, to the same Eup.
Summary of Evidence
1. Defendant's legal statement;
1. A circumstantial report;
1. A driver's license inquiry;
1. Previous convictions indicated in judgment: Application of criminal history records, investigation reports (former records and summary orders attached) Acts and subordinate statutes;
1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decisions 201Do134, Apr. 1, 2011>
1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);
1. The main sentence of Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act;