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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On September 19, 2008, the Defendant was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act (drinking driving), and a fine of three million won for a violation of the Road Traffic Act (dacting driving) at the Daejeon District Court on May 27, 2008, and a fine of two million won for a violation of the Road Traffic Act (dacting driving) at the Seoul Western District Court on July 31, 2007.
On March 19, 2016, the Defendant driven a B-car under the influence of alcohol with approximately 0.087% alcohol concentration from the 400-meter section to the front road of the motor vehicle, which was located in the G-dong of Daejeon-gu, Daejeon-dong, Daejeon-ro 261 (Shodong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-gu
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the result of regulating driving of drinking alcohol;
1. Application of the statutes written in reply to inquiries, such as criminal history;
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (i.e., reflectivity, alcohol concentration in blood, etc.);
1. Article 62 (1) of the Criminal Act (resumed factors as mentioned above);
1. The reduction of the amount of punishment is to be imposed by taking into account the reflection of the reasons for sentencing under Article 62-2 of the Criminal Act, Article 32(3) of the Act on the Protection, Observation, Etc., and the concentration of alcohol in the blood, etc. However, since the record of the crime of drinking before 2008 is six times, the punishment is to be imposed by issuing an order for special protection observation and attendance, which requires special matters to be observed.