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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 October 13, 2006, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act (driving) at the Seoul Western District Court on Seoul Western District on October 13, 2006, a fine of three million won for a violation of the Road Traffic Act (driving) at the Seoul Western District Court on October 5, 2009, and the Seoul Western District Court on December 15, 2010 to a suspended sentence of two years.
On August 29, 2013, at around 22:00, the Defendant driven a Cpoter, a stable, and a flobbbing truck with a 0.184% alcohol concentration at approximately 500 meters away from a point of in the New-dong, Jung-gu, Seoul to the 52-si, Jung-gu, Seoul (IC).
Ultimately, the Defendant driven two times or more in a drunken state and driven a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual status of a drinking driver;
1. A written appraisal of blood alcohol;
1. Application of Acts and subordinate statutes to inquiry reports;
1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Probation and order to attend a lecture 2-2 of Article 62-2 of the Criminal Act ; 2-2 of the Criminal Act ; 3-2 of the same Act ; 3-2 of the same Act ; 4-2 of the same Act ;