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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
[criminal history] On June 20, 201, the Defendant was sentenced to 6 months of imprisonment and 2 years of suspended execution for a crime of violating the Road Traffic Act at the Incheon District Court on June 20, 201. On October 23, 2008, the same court was sentenced to a fine of 2 million won for a crime of violating the Road Traffic Act (drinking), and on December 20, 2007, the same court was notified of a summary order of 2 million won for a crime of violating the Road Traffic Act (drinking).
[Criminal facts] On September 26, 2015, around 04:50, the Defendant driven a B 125 Obstoma while under the influence of alcohol concentration of about 0.183% in the 5km section from around September 26, 2015 to the ebstoma of 118, Seo-gu, Incheon, Seo-gu, Seo-gu, Incheon.
Summary of Evidence
1. Statement by the defendant in court;
1. A response to a request for appraisal, and a written appraisal of alcohol during blood transfusion;
1. Previous convictions in judgment: Application of inquiry statements, investigation reports (formers and attachment of written judgments), such as criminal history;
1. The punishment provided for in Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;
1. Article 62 (1) of the Criminal Act (the point in which it is against nature and it is considered that it drives Obaba);
1. Protective observation and community service order under Article 62-2 of the Criminal Act;