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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 September 15, 2015, the Defendant is a person who violated Article 44(1) of the Road Traffic Act by receiving a summary order of KRW 1,000,000 as a fine for a violation of the Road Traffic Act (driving) from an Ansan Branch of the Suwon District Court on September 15, 2015, and a fine of KRW 4,50,000 as a crime of violation of the Road Traffic Act (driving) from an Ansan Branch of the Suwon District Court on May 31, 2018.
On March 6, 2019, at around 22:56, the Defendant driven a 500-meter B lusian car from the Do preceding the Do in the Sinsking-dong of Sinsking-si to the front road of the king-si of Sinsking-si 61-31, Singu-si, Sinungdo-si, under the influence of alcohol leveling to 0.085% of the blood alcohol level without the driver’s license.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Registers of driver's licenses;
1. Previous convictions in judgment: To refer to inquiries and to the application of each summary order statutes;
1. Relevant Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (1) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of running a sound driving);
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Taking into account all the circumstances, such as the accused's criminal records, blood alcohol concentration level, driving distance, etc., as the grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Probation, etc. Act, and the accused's mistake;