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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 August 13, 2012, the Defendant was sentenced to a fine of KRW 2 million due to a violation of road traffic law (drinking) in support of the Sungnam-gu Friwon on August 13, 2012, and a fine of KRW 1.5 million by the same court on August 29, 2013.
On January 7, 2018, the Defendant driven B automobiles over a section of about 50km from the day before a mutual influence restaurant located in Sungnam-si, Sungnam-si, Seoyang-si, Seoyang-si, Seoyang-si, Seoyang-si to the front road, while under the influence of alcohol concentration of 0.063% among blood transfusion around 22:44.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Reporting on detection of a violation of traffic laws on roads;
1. Previous convictions in judgment: Application of written inquiries about criminal history and other 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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):
1. Article 62 (1) of the Criminal Act on the suspension of execution (Article 62 (1) of the Criminal Act on the following favorable occasions):
1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is two times the same criminal records, and the distance of operation is 50km, etc. that are disadvantageous to the defendant.
However, considering the fact that the defendant has no record of punishment exceeding the fine, the confession and reflect attitude toward the crime of this case, the blood alcohol concentration is relatively lower than 0.063%, and the circumstances under Article 51 of the Criminal Act, etc., the punishment shall be determined as per the order.