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A defendant shall be punished by imprisonment for not more than ten 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 15, 2009, the Defendant was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act in the Daegu District Court on August 8, 2009, and was sentenced to a fine of one million and five hundred thousand won for a crime of violating the Road Traffic Act at the Jeonju District Court on April 15, 2014.
Criminal facts
On November 10, 2017, the Defendant, while under the influence of alcohol content of 0.097% among blood transfusions around 23:00, driven a section of about 3K mn in the front of a passenger car in the front of the front day of the front day of the front day of the front day of the front day of the front day of the front day of the front day of the front day of the front day of the front day of the front day of the front day of the front day of the front day of the front day of the front day of the 61-ro of the front city of the front day of the front day of the front day of the construction of the lab.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating drinking driving;
1. Statement of the circumstances of the driver involved in driving;
1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;
1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Criminal Act on the order to provide community service and attend lectures has already been punished twice or twice due to drinking driving, and the defendant, who was sentenced once to a suspended sentence, committed a drinking driving at the same time, is subject to criticism.
However, the defendant does not commit a second offense against his own rashness.
The sentence shall be determined as ordered by considering all the conditions of sentencing, such as the fact that it is a crime committed at the time eight years have elapsed since the previous suspended sentence, the fact that it was a crime committed at the time of eight years of time from the previous suspended sentence, and the circumstances leading to driving