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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
On June 20, 2013, the Defendant was issued a summary order of KRW 5 million as a fine for a violation of the Road Traffic Act (driving) in support of the development of a water source method, and KRW 4 million as a fine for a violation of the Road Traffic Act (driving of Drinking) from the water source method sources on November 6, 2014, respectively.
The Defendant, as seen above, has violated Article 44(1) of the Road Traffic Act twice or more, once again, driven a C-to-purd vehicle under the influence of alcohol content of approximately 0.172% in the section of about 20 meters from the front road to the road in front of Dongwon-si, Suwon-si, Suwon-si, at around 01:07, and from around 20 meters from the front road to the road in front of Dongwon-si.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Application of a reply to inquiry, such as criminal history, and a copy of a summary order;
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The consideration of favorable circumstances among the grounds for sentencing);
1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution (the favorable circumstances among the reasons for sentencing) - The defendant has the record of having been punished several times for the same crime. - The most favorable circumstances are high alcohol concentration in the blood of the defendant - The defendant recognizes all the criminal facts. - The defendant has no record of being sentenced to a fine exceeding the fine due to the same kind of crime. The sentence is ordered in consideration of all the conditions of sentencing revealed in the trial process.