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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 June 24, 2010, the Defendant was issued a summary order of one million won or more for a crime of violating the Road Traffic Act at the Jeju District Court, and a summary order of three million won or more for the same crime at the same court on December 29, 201, respectively.
The Defendant, as seen above, committed a crime of violation of the Traffic Act (drinking driving) on the two occasions, but driven a body car D with approximately 0.196% alcohol concentration in the section of approximately 1km from May 21, 2017 to the roads front of the C cafeteria in Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, a day from May 21, 2017 to Seopo-si, Seopo-si.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. A written appraisal request or a written appraisal of alcohol concentration in blood;
1. A survey report on actual conditions;
1. An accident scene photograph;
1. Application of an inquiry letter, such as criminal history, and a copy of a summary order;
1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;
1. Selection of imprisonment with prison labor chosen;
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. Reasons for sentencing under Article 62-2 of the Criminal Act on the grounds of protecting and observing the order to attend school and taking into account all the various conditions of sentencing specified in the argument of the instant case. In particular, the following circumstances shall be taken into account: (a) the Defendant reflects the circumstances; (b) the Defendant, while driving the instant drinking; (c) the occurrence of an accident in which he was knenee, knee, knee, cuts; (d) the Defendant was punished twice for the same kind of crime; (b) the Defendant committed the instant crime even if he was punished twice; (c) the degree of alcohol content is high; (d) the central line is invaded while driving the instant drinking; and (e)