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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
Punishment of the crime
On June 9, 2009, the Defendant issued a summary order of KRW 700,00,000 as a fine for a violation of road traffic law at the Daejeon District Court, and KRW 3 million as a fine in the same court on February 5, 2016.
In the event that the Defendant had a driving force of drinking twice or more as above, while driving the Category B K7 car on March 22, 2018 while under the influence of 0.208% of alcohol during blood around 22:30 on March 22, 2018, the Defendant, at the time of the Special Self-Governing of Sejong, driven the front of the new CD-style middle school located in 341-167, at the same time as the new CD-style, at the same time, at an insular speed, by negligence going through without thoroughly examining the right and the right and the right while under the influence of alcohol so that it is difficult for the Defendant to drive normally, the Defendant, while driving the Category C (Y, 49 years old) of this Lone Star and the back of the passenger car driven in this 49 years old, was being the front part of the Defendant’s vehicle, and suffered an injury to the Defendant’s vehicle with approximately 10 days in need of treatment and injury.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Notification of the results of regulating drinking driving;
1. Investigation report (including attachment of the same type of summary order and accompanying materials);
1. A medical certificate;
1. Application of Acts and subordinate statutes governing accident scene photographs;
1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, and the choice of a sentence;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
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. Two times (209, 2016, and 2016) of a fine for driving for drinking alcohol on the grounds of sentencing under Article 62-2 of the Criminal Act; consideration of drinking alcohol, degree of accident damage, agreement, subscription to comprehensive insurance, reflectability, etc.;