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A defendant shall be punished by imprisonment for not more than ten 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 April 23, 2007, the Defendant was sentenced to a summary order of 2.5 million won for a crime of violating road traffic law (drinking driving), and a summary order of 3.5 million won for the same crime in the same court on January 26, 2010, respectively. On November 17, 201, the Seoul Northern District Court issued a summary order of 3.5 million won for the same crime, and was sentenced to a suspended sentence of 6 months for a crime of violating road traffic law (drinking driving) and road traffic law (licensed driving) at the Seoul Northern District Court on November 17, 2011.
[Criminal facts] On January 7, 2016, the Defendant driven a bus terminal located in the Hongmun-dong on Sgyeong-dong on May 7, 2016, while under the influence of alcohol concentration of about 0.126% from the portion of 18km to the front road of the lug-ro 1223 in the same city from the parking lot to the lug-ro pool in the same city from the parking lot.
As a result, the Defendant was driving a motor vehicle under the influence of alcohol once more than twice, even though he violated the prohibition of drinking driving.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the detection of a primary driver;
1. Statement of the circumstances of the driver involved in driving;
1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of suspect drinking skills) statute;
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. 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. Article 62-2 of the Criminal Act on the observation of protection;