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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
Criminal facts
On June 28, 2007, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Busan District Court's branch court, and on May 25, 2010, to a fine of KRW 3 million for a violation of the Road Traffic Act (driving) at the Busan District Court's Busan District Court.
On November 28, 2018, at around 23:30, the Defendant driven a Fran vehicle while under the influence of alcohol content of about 0.119% at a section of about 100 meters for E in front of C located in Yangsan City B.
Accordingly, although the defendant had had a record of being punished for drinking driving more than twice, he has driven a motor vehicle under the influence of re-driving.
Summary of Evidence
1. Defendant's legal statement;
1. Report on detection of a violation of the Road Traffic Act, inquiry into the results of the control of drinking driving, and report on the state of drinking drivers;
1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Probation and lecture attendance order Article 62-2 of the Criminal Act has high blood alcohol concentration level for sentencing, and in addition to the criminal power stated in the judgment, in 2003, a fine is imposed for a violation of the Road Traffic Act. This is the 4th degree of drinking driving at the same time, the 4th level of drinking driving at the same time, the 2nd of a fine is imposed for a violation of the Road Traffic Act (unlicensed driving), and the defendant reflects the error.