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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
[criminal history] On November 3, 2008, the Defendant received a summary order of KRW 1 million as a crime of violating road traffic law (drinking in drinking), from the Sungnam Branch of the Incheon District Court on December 21, 201, the Defendant received a summary order of KRW 2.5 million from the Incheon District Court on June 28, 201, and received a summary order of KRW 5 million as an offense of the same offense from the Incheon District Court on the same day.
[2] Defendant 1 was punished twice or more due to drinking driving, and Defendant 2 driven B K7 cars at the distance of about 50 meters in the middle-gu in Sungnam-gu, Sungnam-gu, Sungnam-gu, in a state of drinking alcohol concentration of 0.230% among blood transfusion around 01:30 on April 16, 2017.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement of C;
1. Report on the circumstances of driving at home, inquiry into the results of regulating drinking driving, and report on investigation (Report on the analysis of video records of B-Motor vehicles stuffs);
1. Efluoring a black stuffe image images;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a report of investigation (compact of summary orders in the past of a suspect A).
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. Article 62 (1) of the Criminal Act on the suspended execution;
1. The crime of driving under the influence of alcohol for sentencing under Article 62-2 of the Social Service Order Criminal Act is a crime that may infringe not only the driver but also the lives and bodies of citizens using roads, and requires strict punishment.
The criminal defendant is very bad in view of the fact that he/she has been punished for driving alcohol again despite being punished for driving alcohol, and that his/her alcohol concentration in blood is considerably high.
However, it is against the defendant, and the defendant does not drive a drinking again by selling a motor vehicle.
The age, environment, sexual conduct, motive and means of the crime, and after the crime, such as the fact that there is no criminal record exceeding the fine, and there is no criminal record.