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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
[criminal history] On October 15, 2009, the Defendant was issued a summary order of KRW 2 million with a fine of KRW 1 million for a crime of violation of road traffic laws at the Chuncheon District Court, and on May 21, 2015, a summary order of KRW 5 million with a fine of KRW 1 million was issued by the Chuncheon District Court due to a crime of violation of road traffic laws.
[2] On July 14, 2017, the Defendant driven a B-learning bus with approximately 500 meters alcohol concentration of 0.125% in blood while under the influence of alcohol at approximately 0.125% in front of the GS25 convenience store, which is located in 156 of the Gangwon National University Hospital, GS25, GS25, which is located in 156 of the Gangwon National University Hospital, Gangwon-si, Gyeongcheon-si, Gyeongcheon-si.
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. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;
1. Application of Acts and subordinate statutes to inquiries about criminal history and report on investigation (attached to a summary order of the previous record);
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 (Calculation of the following favorable sentencing grounds):
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant appears to have been repented while making a confession of the instant crime; and (b) the fact that the Defendant has no criminal record or heavier than a fine, etc., are factors for sentencing favorable to the Defendant.
On the other hand, even before the crime of this case was committed, the defendant had been punished for three times due to drinking driving, and repeated drinking driving, the driving of drinking is likely to be criticized as not only the driver but also the other person's life, and the degree of alcohol concentration in blood is also a factor that is disadvantageous to the defendant.
In addition, the age, sex, environment, motive and background of the crime of the defendant.