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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On August 28, 2013, the Defendant issued a summary order of KRW 1,50,000 to a fine for a violation of the Road Traffic Act (driving) at the source of a water source method on August 28, 2013, and a fine of KRW 2,00,000 to a fine for a violation of the Road Traffic Act from the source of a water source method on December 2, 2015.
On May 5, 2017, the Defendant driven B, under the influence of alcohol concentration of about 30 meters in blood alcohol level of about 0.108% in front of the viewing distance in Suwon-gu, Suwon-si, Suwon-si, the Home Stacker, which was around 00:35, the Defendant driven B, while under the influence of alcohol level of about 30 meters in front of the viewing distance in Suwon-si, Suwon-si.
As a result, the Defendant, even though he had been punished twice due to drinking, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Notification of the results of regulating drinking driving;
1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (Attachment to the relevant 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. Articles 53 and 55(1)3 of the Criminal Act (including circumstances favorable to the examination in the following cases);
1. Article 62 (1) of the Criminal Act on the suspension of execution (The subsequent consideration has been made for favorable circumstances);
1. The grounds for sentencing under Article 62-2 of the Criminal Act, comprehensively taking into account the following circumstances and the Defendant’s age, family relation, sex, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., the sentence as ordered shall be determined.
[The favorable circumstances] The defendant led to the confession of the crime of this case and recognized his mistake; the defendant did not cause other damage, such as traffic accidents; the defendant has no record of being punished in excess of the fine; the defendant has the spouse and high school students to support the crime of this case
The crime of this case is committed.