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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 June 29, 2007, the Defendant issued a summary order of one million won as a crime of violation of the Road Traffic Act at the Daegu District Court on March 12, 2008, and on March 12, 2008, the same court issued a summary order of three million won as a crime of violation of the Road Traffic Act, and on March 16, 2010, the Defendant violated Article 44(1) of the Road Traffic Act after having been sentenced to two years of suspension of execution for eight months of imprisonment for a crime of violation of the Road Traffic Act by the same court on March 16, 201.
【Criminal Facts】
On August 30, 2015, at around 04:54, the Defendant driven Bbenz automobiles at the section of about 3 km from the front day of the color pen located in the Daegu Suwon-dong to the front road of the new market located in the same Gu, in the same Gu, under the influence of alcohol content of 0.130%.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the occurrence of a traffic accident and a report on actual condition investigation;
1. A report on the actual state of the driver;
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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act);
1. Probation, community service or order to attend lectures under Article 62-2 of the Criminal Act;