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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
Criminal facts
[criminal history] On July 12, 2013, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Suwon Flag Flag, and on January 28, 2015, the Defendant was punished for drinking driving two times or more, such as receiving a summary order of KRW 4 million for the same crime from the same court.
[2] On August 9, 2018, the Defendant, at around 00:22, driven a B-port car under the influence of alcohol level of about 0.067% from the 4km section of the blood alcohol level to the front road of the K-ri-ri Central church located in 112, the Defendant, at around 00:22, was driving a e-port car in the direction of around 0.067% from the Do in front of the convenience store located in the Young-gu, Young-gu, Young-gu.
Summary of Evidence
1. Statement by the defendant in court;
1. The output of drinking alcohol, the appraisal report, and the main report;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (Attachment to judgment);
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 Act on the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act) (Article 62(1) of the same Act (Article 62(1) of the Criminal Act provides that the Defendant is divided into and reflected against the instant crime, that human and material damage has not occurred due to the instant crime, that the Defendant has no record of criminal punishment exceeding the fine;
1. Article 62-2 of the Criminal Act, Article 59 (1) of the Act on the Observation, etc. of Protection, etc. of Social Service Orders;