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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
On June 24, 2014, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (driving in drinking), and a summary order of KRW 5 million for the same crime in the same court on July 25, 2016, respectively.
On October 23, 2018, the Defendant driven a D QM6 car with approximately 1k alcohol content 0.085% under the influence of alcohol while under the influence of alcohol, from the section of approximately 1k to the front of the “C convenience store” located in B from the street in front of the non-cafeteria cafeteria to the top of the “C convenience store” located in B.
As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;
1. Records of judgment: The response to inquiries, such as criminal history, and the application of Acts and subordinate statutes verifying whether Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act falls under Article 148-2 (1) 1 of the same Act;
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 to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. In full view of the following circumstances: (a) the Defendant’s records of the same punishment for the reason of sentencing under Article 62-2 of the Criminal Act; (b) the amount of alcohol concentration in the blood of this case; and (c) the Defendant’s age, sex, environment, motive, means and consequence of the crime; and (d) the circumstances after the crime, etc., the sentence as ordered shall be determined.