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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 19, 2006, the Defendant received a summary order of KRW 1 million as a crime of violating road traffic law (drinking driving), and on September 7, 2015, issued a summary order of KRW 2 million as a same crime by the same court, and on July 22, 2016, issued a summary order of KRW 1.5 million as a fine from the Incheon District Court Branch Branch Branch of the Incheon District Court for the same crime.
On May 14, 2016, around 01:27, the Defendant driven B-V car under the influence of alcohol content of about 0.052% at the 20m section of approximately 20m alcohol from the upper end of the 265-hyp dyp dyp to the front end of the 265-hyp dyp dyp dyp dyp dyp dyp dyp m.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating drinking driving;
1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;
1. The relevant Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, imprisonment with prison labor for a crime selected by means of the relevant Act and the selective punishment;
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, Article 59 of the Act on the Protection, Observation, etc. of the Order to Attend, and Article 62-2 of the Act on the Punishment, etc. of the Defendant’s Sentencing (the confession, reflectivity, and no criminal record heavier than the distance of operation, and the degree of alcohol content in blood) the Defendant’s favorable circumstances (the crime in this case was committed again three times with the previous record of the crime in this case, and the nature of the crime was syn, syn, three times for about nine months, or three times for drinking. Thus, it is deemed that the proper education and control of the Defendant’s drinking habits is necessary) and all other sentencing factors in this case, including the Defendant’s age, sex, living environment, and conditions after the crime, shall be considered together, and the sentence shall be determined as set forth in the Disposition