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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
The Defendant, at the Jeonju District Court on July 7, 2008, issued a summary order of KRW 1 million for the crime of violation of the Road Traffic Act (driving) at the Jeonju District Court on June 22, 2009, issued a summary order of KRW 2 million for the same crime at the same court on June 22, 2009, issued a summary order of KRW 1.5 million for the same crime on April 5, 2012, and issued a summary order of KRW 7 million for the same crime at the Jeonju District Court on June 5, 2013, respectively.
On September 22, 2014, while under the influence of alcohol of 0.083%, the Defendant driven B-low-income vehicle at the 2km section from the front of the “Dong-ri Funeral Center,” which is located in the Nancheon-si, North Korea, North Korea, in the influence of alcohol, to the front of the “Dong-ri Funeral Center,” to the front of the day high school located in the same city peacedong.
Summary of Evidence
1. Defendant's legal statement;
1. Inquiry about the results of the control of drinking driving;
1. Records before judgment: Application of criminal records, repeated statements, and copies of each summary order;
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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2006Da15488, Apr. 1, 2006) (see, 2008Da11332, Apr. 2, 2008)
1. Article 62 (1) of the Criminal Act on the suspension of execution (Consideration into consideration in discretionary mitigation);
1. Article 62-2 (1) and (2) of the Criminal Act on Probation;
1. Article 62-2 (1) of the Criminal Act, the main sentence of Article 59 (1) of the Act on Probation, etc.;
1. Article 62-2 (1) of the Criminal Act, the main sentence of Article 59 (1) of the Act on Probation, etc.;