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A defendant shall be punished by imprisonment for six 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 January 29, 2008, the Defendant was issued a summary order of KRW 2 million as a fine for a violation of road traffic law (drinking driving) in the Daegu District Court Kimcheon branch of the Daegu District Court on January 29, 2008 and KRW 3 million as a fine in the same court on November 5, 2010.
On March 3, 2017, the Defendant, while under the influence of alcohol content of 0.079% during blood transfusion around 20:10, driving a B-type cargo vehicle at a section of about 1 km from the front line of the construction center located in the Gu-U.S.-U.S.-8 to the road located in the same 514-8.
Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and inquiry into the results of regulating drinking;
1. Application of replys to inquiries, such as criminal history, investigation reports (the same type of previous conviction and confirmation), and 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 punishment as ordered shall be determined by taking into consideration the overall circumstances, such as the reason for sentencing under Article 62-2 of the Criminal Act, the record and time of driving alcohol, the amount of alcohol concentration during blood, the motive and background of the crime, reflectivity, health conditions, etc.;