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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 October 8, 2007, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of road traffic law (driving), and on February 24, 2011, the Defendant received a summary order of KRW 5,00,000 as a fine for a violation of road traffic law (driving alcohol) from the Seo branch branch of the Daegu District Court.
피고인은 2016. 12. 14. 22:35 경 대구 달서구 서 당로 7길 14에 있는 ‘ 짬뽕 짜장이 떴다’ 식당 앞 도로에서 같은 구 B 건물 앞 도로까지 약 300m 구간에서 혈 중 알콜 농도 0.203% 의 술에 취한 상태로 C 카 렌스 승용차를 운전하였다.
Accordingly, the defendant driving a motor vehicle under the influence of alcohol on more than two occasions, even though he had a record of punishment.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to 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. An order to attend a course under Article 62-2 of the Criminal Act;