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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
On June 22, 2007, the Defendant was sentenced to a fine of KRW 700,00 for a violation of the Road Traffic Act (driving) at the Chungcheong District Court's Chungcheong Branch's Assistance on May 2, 2008, and sentenced to a fine of KRW 2 million for a violation of the Road Traffic Act (driving) at the Chungcheong District Court's Chungcheong Branch's Assistance on May 2, 2008. On June 5, 2008, the Defendant was sentenced to a fine of KRW 1 million for a violation of the Road Traffic Act (driving) at the Chungcheong District Court's Chungcheong Branch's Assistance.
The defendant is a person who drives a motor vehicle C, C, C, and III.
On May 11, 2013, the Defendant driven the said vehicle at a section of about 800 meters from the 119 Safety Center prior to the 119 Safety Center located in the Hasan-gun of the Hasan-gun of the Chungcheongnam-do, under the influence of alcohol of 0.02% of blood alcohol level around 23:00.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Statement of the status of the driver;
1. Application of Acts and subordinate statutes to inquiry reports on criminal records, etc. and investigation reports (former records and reports attached to judgments);
1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act that choose the penalty; Selection of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant again commits the instant crime even though he had a five-time driving record, and the circumstances favorable to the purport of the amendment of the Road Traffic Act to strengthen the punishment for drunk driving: The defendant reflects the crime and other circumstances attached to the sentencing indicated in the records, such as the defendant's age, character and conduct, occupation and family environment, shall be taken into consideration.