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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 1, 2012, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating road traffic laws (drinking driving) at the port branch of the Daegu District Court on February 1, 2012, and on October 29, 2015, the Defendant was issued a summary order of KRW 5 million for a crime of violating road traffic laws (drinking driving).
[Criminal facts] On September 27, 2018, the Defendant driven B low alcohol while under the influence of alcohol at approximately 0.177% of alcohol in the 1km section from the new port of Hean-gu, Chungcheongnam-gu to the Pohang-gu, Pohang-gu, Pohang-gu, Pohang-gu, Pohang-gu, Pohang-gu, Pohang-si, Posi (hereinafter “Spo-gu”).
Accordingly, the defendant, who violated the prohibition of drinking driving at least twice, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Statement by the defendant in court;
1. Fact-finding reports on drivers of alcoholic beverages, and inquiry into the results of crackdown on driving alcohol (15 pages of investigation records);
1. Previous convictions in judgment: A response to inquiries, such as criminal history, investigation report (verification of the same criminal records as the suspect),- Application of each one copy of the summary order;
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. An order to attend a course under Article 62-2 of the Criminal Act;