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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 October 11, 2007, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) from the Gangseo Branch of the Chuncheon District Court on July 16, 2012 and received a summary order of KRW 4,00,000 as a fine for a violation of the Road Traffic Act (driving) from the Gangseo Branch Branch of the Chuncheon District Court on July 16, 201.
【Criminal Facts】
On June 7, 2014, at around 02:0, the Defendant driven a B-V car under the influence of alcohol content of approximately 0.153% from the 20-meter section of blood alcohol at around 20 meters to the front road of the 25-Mymn Port of Gangseo-gu, Gangwon-gu, Seoul, at around 02:15 on the same day.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the result of driving under influence of alcohol;
1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;
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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following consideration shall be repeated for the reason of sentencing);
1. The punishment as ordered shall be determined in consideration of the favorable circumstances, such as the fact that the defendant for the reason of sentencing and education under Article 62-2 of the Criminal Act has a record of being punished for the same kind of crime, and the fact that his mistake is recognized and repented, and the favorable circumstances such as the age, character and conduct of the defendant, and circumstances after the crime
It is so decided as per Disposition for the above reasons.