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A defendant shall be punished by imprisonment for not less than five 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
On July 7, 2008, the Defendant received a summary order of KRW 2.5 million as a crime of violating the Road Traffic Act (drinking driving) at the Seoul Central District Court on July 7, 2008, and KRW 2 million as a fine for the same crime from the Yongsan District Court on October 11, 2013.
Although the Defendant had a drinking driving force twice or more as above, on May 4, 2017, around 00:00:09, the Defendant driven B A5 car under the influence of alcohol content from approximately 500 meters to 0.091% of alcohol content among blood alcohol in the front side of the 955 (Pungdong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-gu, to the front road of the 952 (Food Dong-ri-dong-dong-dong-dong-dong-dong-dong-dong
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of driving under drinking, inquiry into the results of crackdown on driving under drinking, the circumstantial report on the driver under driving under drinking, and the written appraisal of alcohol during blood;
1. Application of a reply to inquiry, such as criminal history (A), investigation report (report on confirmation of past records at least twice the drinking driving), and certified copy of summary order Acts and subordinate statutes;
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. Consideration of the records of the same kind of crime for sentencing under Article 62(1) of the Criminal Act, the concentration of alcohol in blood, the circumstances of driving, etc.;