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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 December 24, 2012, the Defendant was sentenced to a fine of one million won due to a violation of the Road Traffic Act (drinking driving), etc. at the Seoul Southern District Court on December 24, 2012, and a fine of seven million won due to a violation of the Road Traffic Act (dacting driving) at the Seoul Southern District Court on December 3, 2013, and was sentenced to two or more drinking driving skills.
On November 25, 2016, the Defendant was under the influence of alcohol content of 0.122% during blood transfusion around 04:56 on November 25, 2016, and was driving Category B vehicles from the frontway of the Han Bank located in Songpa-gu Seoul, Songpa-gu to the frontway of the Han Bank located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu to the frontway of the Han Bank.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on the driving of drinking and the circumstantial report on the driver of drinking;
1. Previous convictions in judgment: Application of inquiry statements, investigation reporting statutes, such as criminal history;
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
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. The following circumstances are taken into account: (a) protection and observation; (b) community service order; and (c) order to attend a lecture; and (d) even if there were previous convictions for driving alcohol on three occasions on the grounds of sentencing under Article 62-2 of the Criminal Act; (b) the alcohol concentration in blood is relatively high; (c) there is no previous conviction exceeding fines; and (d) details of driving, driving distance