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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
Criminal facts
On June 25, 2004, the defendant was sentenced to a fine of 1.5 million won for the crime of violation of the Road Traffic Act at the Changwon District Court on November 26, 2004, a fine of 3 million won for the crime of violation of the Road Traffic Act at the Changwon District Court on April 18, 2008, and a fine of 6 months of imprisonment, 2 years of suspended execution, and 1.2 million won of fine at the Changwon District Court on May 31, 2016, and the judgment was finalized on June 8, 2016.
On April 17, 2016, at around 23:52, the Defendant driven the Busan Dong Police Station located in the Busan Dong-dong, Busan Dong-dong, and thereafter, the Defendant driven the C low-est typ-in vehicle with a blood alcohol content of about 1 kilometer from around 23:1 to about 0.185% while under the influence of alcohol at around 0.185%.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the control of drinking driving;
1. Application of Acts and subordinate statutes to criminal records, investigation reports, and investigation reports (verification of the date of final and conclusive judgment);
1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;
1. Selection of imprisonment with prison labor chosen;
1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. In full view of the reasons for sentencing under Article 62-2 of the Criminal Act, the sentence identical to the order was determined in consideration of the following: (a) background of drinking alcohol driving; (b) degree of drinking alcohol; and (c) criminal records