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A defendant shall be punished by imprisonment for not more than ten 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 2, 2008, the Defendant was sentenced to a suspended sentence of 2 months for the violation of the Road Traffic Act (driving) and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) at the Youngju District Court’s Youngju Branch on August 2, 2008. On March 5, 2012, the Defendant was sentenced to a summary order of 4.5 million won by a fine at the Cheongju District Court on March 5, 201
【Criminal Facts】
On November 19, 2014, while under the influence of alcohol at 01:49%, the Defendant driven C body-man car over about 500 meters from sand from the rigin of Chungcheongnamsan-gun, Chungcheongnamsan-gun, Chungcheongnamsan-gun, the Defendant driven C body-man car at approximately 500 meters from sand from the rigin of Chungcheong-gun to the road near the erogician elementary school.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the status of a drinking driver, and the written report on the status of a drinking driver;
1. Previous convictions indicated in judgment: Application of criminal history records, investigation reports, Yeongdeungpo-dong branch court of Cheongju District Court of Justice 2008 Godandan149, Cheongju District Court of Justice 2012 Goju District Court of 1237 summary order Acts and subordinate statutes;
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
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 extenuating circumstances among the reasons for sentencing);
1. The Defendant, as stated in the first head of the judgment, committed the instant crime even though the same criminal record was two times even though the Defendant committed the instant crime, and thus, he/she should be punished with severe punishment.
However, the sentence shall be determined as ordered in consideration of the fact that the defendant did not repeat the crime in light of the wrongness, the fact that there is no criminal record, and the various sentencing conditions such as the circumstances before and after the crime, the age, character and conduct of the defendant, family relationship, etc., and the execution of the above sentence shall be suspended, but probation shall be suspended during the period of probation and 160 hours in order to prevent recidivism.