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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
The Defendant, at the Changwon District Court on March 7, 201, issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Changwon District Court on March 7, 201, a summary order of KRW 5 million for a crime of violating the Road Traffic Act on December 19, 201, and a summary order of KRW 5 million for a crime of violating the Road Traffic Act on March 16, 201, and issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the same court on March 16, 2015.
On August 19, 2017, at around 22:50, the Defendant driven B, under the influence of alcohol content of at least 0.157% during blood while under the influence of alcohol, the Defendant driven B, under the influence of alcohol alcohol content of at least 0.157% on the front of the lux Park in front of the luxang Park, which is located in the corner of the window of Changwon-si, Changwon-si.
As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;
1. The driver's license ledger (A);
1. Previous convictions in judgment: References to inquiries, such as criminal history (A) and the application of investigation report-related statutes;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
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 Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, again committed the instant crime even though he had a previous conviction due to driving without drinking alcohol or refusing to measure drinking (one of them within the last three years) on at least seven occasions.
However, the Defendant recognized the instant crime, and there was no accident due to the driving without a license for drinking alcohol.
In addition, drinking figures, the age of the defendant, sexual conduct, environment, details and motive of the crime, and after the crime.