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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 December 11, 2012, the Defendant was issued a summary order of KRW 2 million by violating the Road Traffic Act (drinking driving), etc. at the Gwangju District Court on December 11, 2012, and a summary order of KRW 5 million by the same court on October 29, 2015, respectively.
Nevertheless, on September 26, 2017, the Defendant driven B-wing truck with alcohol content of about 0.132% in the 3km section from the front of any her motherel located in the Yansan-gu, Seoul Special Metropolitan City, 07:15 to the front road of the North Korean Dos, located in 225, the same Gu, with the same efficacy.
As a result, the Defendant, who violated the prohibition on drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of this prohibition.
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. Selection of a sentence provided for in Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act regarding the facts constituting an offense subject to the relevant Act and subordinate statutes, such as a written reply to inquiries about criminal history, etc.;
1. The observation of the protection of Article 62(1) of the Criminal Act under Article 53 and Article 55(1)3 of the Act on the Suspension of Execution of Punishment of Small Quantity Reduction and the sentence of Article 62-2 of the Social Service Order and the Order to Attend the lecture under Article 62-2 of the Criminal Act, despite the fact that the defendant had already been punished by a fine on several occasions due to drinking, driving under the influence of drinking at the same time, and other circumstances, such as the defendant's age, occupation, living environment, and alcohol concentration and driving distance, etc., taken into account;