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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On December 8, 2010, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Daejeon District Court on December 8, 201, a fine of two million won for a violation of the Road Traffic Act (driving) at the same court on April 18, 201, and a fine of seven million won for a violation of the Road Traffic Act (driving) at the same court on January 16, 201, respectively.
On August 31, 2016, the Defendant was under the influence of alcohol of 0.055% of blood alcohol concentration at around 21:49, and was driving a vehicle B-hurd with B from around about 400 meters in the section of approximately 400 meters from the front day of the Seo-gu Daejeon B-gu B-hurging restaurant, which is located in the Seo-gu, Seo-gu, Daejeon, to the front day of the Yong-gu, Jung-gu.
Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Previous records: The application of inquiry reports and investigation reports (Attachment of the same type judgment) and Acts and subordinate statutes, such as criminal records;
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: Circumstances favorable to the fact that a person again commits the crime committed in spite of three times the criminal records of drunk driving: The confession and reflectness, the entire records of the crime of drunk driving are all fines, and the fact that the same is not high in drinking water.