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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 power] On December 18, 2008, the Defendant was sentenced to a fine of KRW 700,000 as a crime of violation of the Road Traffic Act (driving) at the Ansan District Court's Ansan Branch on July 12, 2010, a fine of KRW 1 million as a crime of violation of the Road Traffic Act (driving) at the same court on July 12, 201, and a fine of KRW 6 million as a crime of violation of the Road Traffic Act (driving) at the Incheon District Court on September 17, 2013, respectively.
【Criminal Facts】
At around 14:30 on May 9, 2015, the Defendant driven a car in the B 1km section from Ansan-si from Annsan-si 775-4 to 680 on the street while under the influence of alcohol with a blood alcohol content of 0.243%.
Accordingly, the Defendant again driven a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act as a person who violated Article 44(1) of the Road Traffic Act more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the actual condition survey report, photographs of damaged vehicles, and the results of the regulation of drinking driving;
1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports, and summary order three-yearly 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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da15448, Apr. 1, 2009) (see, 2009Da1448, Apr. 2, 2009);
1. Article 62 (1) of the Criminal Act on the suspension of execution ( considered grounds for discretionary mitigation);
1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;