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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
[criminal history] On April 18, 2013, the Defendant was issued a summary order of KRW 4 million with a fine of KRW 5 million with a fine of KRW 5 million with the same crime in the same court on July 10, 2015, and on September 13, 2016, with a fine of KRW 8 million with the same crime in the Seocheon Branch of the Daejeon District Court on September 13, 2016, respectively.
[2] Although Defendant 1 had been punished twice or more due to driving of alcohol as above, Defendant 2 driven a B SP car under the influence of alcohol concentration of about 500 meters from around March 25, 2017 to around the road of the Kimpo-dong in Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si to the day before Kimpo-si, Kimpo-si, Kimpo-si.
Summary of Evidence
1. Statement by the defendant in court;
1. The circumstantial report on drivers of drinking alcohol, inquiry of the results of crackdown on drinking driving, and investigation report (Evidence No. 15);
1. Before judgment: Application of the Act and subordinate statutes of inquiry about criminal history, investigation report (Evidence List No. 17), and summary order;
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. According to the reasoning of the suspended sentence under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered by comprehensively taking into account all the conditions of the sentencing as shown in the records, such as the Defendant’s age, sex, environment, and the circumstances before and after the instant crime.
The fact that the crime of this case is committed, and there is no record of being punished more than a suspended sentence, and there is a record of being punished several times for the same crime.