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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
[criminal history] On February 9, 2010, the Defendant was sentenced to six months of imprisonment and one year of suspended execution due to a violation of road traffic laws at the Seoul Eastern District Court on February 9, 201, and on December 10, 2007, the Defendant issued a summary order of KRW 1.5 million for a violation of road traffic laws at the Seoul Northern District Court on December 10, 2007.
[Criminal facts] On December 28, 2017, the Defendant driven B Kaman car under the influence of alcohol content of about 500 meters from the upper part of the department store to the front part of the king of the 298 king of Guri-si, Guri-si. The Defendant driven B Kaman car under the influence of alcohol content of about 0.196% in blood.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;
1. A report and investigation report on the detection of the driver involved in the primary business (a report on the situation of the driver involved in the primary business);
1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (verification of the same criminal records as the
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the 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 in favor of the defendant among the grounds for sentencing);
1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);
1. Despite the fact that the defendant, for the reason of sentencing in Article 62-2 of the Criminal Act of the community service or order to attend a lecture, had been sentenced to a total of three times punishment including a suspended sentence due to drinking driving, the fact that the defendant again committed the crime in this case shall not be less than that of the crime and the nature of the crime.
However, the punishment as ordered shall be determined by taking into consideration the following factors: the defendant's name, sex, environment, motive or circumstance of the crime, motive or circumstance of the crime, means and method of the crime, details and result of the crime, and the circumstances after the crime.