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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 December 16, 2010, the Defendant was issued a summary order of a fine of three million won due to a violation of road traffic law in the Seosan Branch of the Daejeon District Court on December 16, 201, and on July 5, 201, the Defendant was sentenced to a suspended sentence of two years for the same crime in the same court on July 5, 201.
"2017 Highest 665"
1. On July 1, 2017, around 05:15, the Defendant driven a CM3 vehicle while under the influence of alcohol concentration of about 0.094% from the 15km section of the blood alcohol level to the 15km road in front of the arms class, which is located in the 2-lane 6 (In Eup/Myeon) of Seog-si, Seog-si, Busan, to the 2nd day of the arms class, located in the same city.
"2017 Highest 846"
2. On August 22, 2017, the Defendant: (a) was a person who had a alcohol driving force twice or more as above; (b) was driving CM3 motor vehicles at a section of approximately 1 to 2 meters while under the influence of alcohol concentration of about 0.15% in blood on the front of “E” located in Seosan-si, Seosan-si.
Summary of Evidence
"2017 Highest 665"
1. Statement by the defendant in court;
1. Control statement and a statement of the circumstances of the driver's license in the main place of business: "2017 Senior 846 senior group;
1. Statement by the defendant in court;
1. A statement of measurement of drinking alcohol before the judgment;
1. Application of a written reply to inquiries, such as criminal history (the second part of 2017 records of the case 665 case records);
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, and the choice of a penalty;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
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. Article 62-2 of the Criminal Code of the Order to Attend a lecture provides that the same criminal record as that of sentencing can be used, the driving of a motor vehicle without a license has the record of being sentenced to a punishment. Nevertheless, the driving of a motor vehicle again under the influence of alcohol was conducted while being investigated, and the driving of a motor vehicle again was conducted while being investigated, and the degree of alcohol level was high at the time of the instant crime is disadvantageous.