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A defendant shall be punished by imprisonment for not less than eight months.
except that 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 14, 2013, the Defendant was issued a summary order of 1.5 million won with a fine for a violation of the Road Traffic Act at the Busan District Court on August 14, 2013, and committed the same crime on August 26, 2014 (the Busan District Court Order, October 23, 2014, and November 25, 2014). On October 16, 200:51, the Defendant driven the said car under the influence of alcohol content of approximately 0.170% with a blood alcohol content from around 1k to the annual tunnel located in the same Dong.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to summary orders);
1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (i.e., the violation of the defendant and the violation of criminal records beyond the fine).