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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 March 17, 2009, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Busan District Court, and on April 13, 2009, issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Busan District Court on April 13, 2009, and on October 14, 2009, the Defendant was sentenced to a suspended sentence of 10 months for a crime of violating the Road Traffic Act at the Busan District Court.
[Criminal facts] On December 1, 2015, the Defendant was under the influence of alcohol level of 0.125% in blood around 00:47, and was driving B at approximately 100 meters from the direction of the Busan Singu, Busan, which was located at the bottom of the Gungu, Busan, to the road before the frequency of fish death in the same Dong.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. Statement of the circumstances of the driver involved in driving;
1. Previous convictions in judgment: Application of inquiry statements, investigation reports (formers and reports) and other Acts and subordinate statutes, such as criminal history;
1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act (the fact that no criminal record has been sentenced, the fact that the error has been repented in depth, and the circumstances, such as the background of the instant crime)
1. An order to attend a course under Article 62-2 of the Criminal Act;