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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 June 17, 2008, the Defendant received a summary order of a fine of KRW 1.5 million and a fine of KRW 2.5 million on September 8, 201 from the same court as the same crime in order to have a driving force of drinking twice or more for the same crime.
Nevertheless, at around 03:00 on November 4, 2017, the Defendant driven a car with approximately 2 km from the railway station located in the Mancheon-gu Sinan-gu Mancheon-gu Mancheon-gu, Pakistan to about 1332-1 of the same city in the state of alcohol content 0.156% during blood transfusion.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of driving a drinking and inquiry about the results of crackdown on drinking driving;
1. Previous conviction: Application of criminal history inquiry, investigation report, and copy of summary order Acts and subordinate statutes;
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. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is that the amount of alcohol concentration in the blood of this case is high.
Although the Defendant had been punished for drinking driving, he once again driven under the influence of drinking.
The punishment as ordered shall be determined by taking into consideration the circumstances, such as the background and distance of drinking driving.