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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 September 29, 2011, the Defendant was sentenced to a fine of KRW 2.5 million for a violation of the Road Traffic Act (driving) in the Goyang Branch of the District Court of Jung-gu on September 29, 201, and was sentenced to a fine of KRW 8 million for a violation of the Road Traffic Act (driving) at the 25th General Military Court of the Army on September 19, 2012.
On January 24, 2015, around 00:28, the Defendant driven C Launa car with approximately 800 meters alcohol level 0.114% under the influence of alcohol at the section of about 800 meters from the front day of the low-speed middle school located in Goyang-gu, Mangdong-gu, Goyang-si to 159, Goyang-si.
Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstances of driving under the influence of alcohol;
1. Inquiries about the results of crackdown on drinking driving;
1. Previous records of judgment: Application of Acts and subordinate statutes to inquiry reports, such as criminal records, and criminal investigation reports (refinites, such as copies of judgment);
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice 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. Sentence 2 of Article 62-2 of the Criminal Act requires a defendant to be sentenced to imprisonment with prison labor at once, taking into account his/her previous record of drunk driving (the previous five years, and the recent three years, causing a traffic accident due to drunk driving), and the punishment shall be imposed as ordered, in consideration of the degree of blood alcohol, the distance and place of drunk driving, the circumstances leading to the drunk driving, the defendant's age, character and conduct, the environment, motive, means and consequence of the crime, the circumstances after the crime, etc.;