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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 March 25, 2011, the Defendant was issued a summary order of KRW 1.5 million by the Seoul Eastern District Court for a crime of violating the Road Traffic Act (drinking driving), and a fine of KRW 2 million by the same court on April 3, 2015.
On April 10, 2017, around 03:59, the Defendant driven a B-A7 car under the influence of alcohol content of about 4km from 0.232% while under the influence of alcohol to 0.232%, from the C-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A
Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.
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, investigation report (referring to the previous one and 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. Article 53 and Article 55 (1) 3 of the Criminal Act (including the facts that seem to be contradictory to others) of the mitigated amount;
1. Article 62(1) of the Criminal Act on the suspension of execution (the foregoing reasons are considered);
1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act of the community service order;