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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 May 7, 2013, the Defendant was notified of a fine of one million won for a crime of violating the Road Traffic Act at the Jung-gu District Court on May 7, 2013, and was notified of a fine of one million won for the same crime in the same court on September 9, 2015.
Criminal facts
On July 21, 2018, the Defendant driven a car with approximately 10km BMW X3 in approximately 346 km from the Do in front of the Gi-si Government Do in the front of the Gi-si Government Do, Tae-dong BMW X3, while under the influence of alcohol content 0.108% in blood around 06:08.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of crackdown on driving drinking, and field photographs;
1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;
1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;
1. Articles 53 and 55(1)3 of the Criminal Act for the Reduction of Small Quantity (see, e.g., Supreme Court Decision 2009Da15488, Apr. 2, 2008) (see, 2009Da1448, Apr. 2, 2009) of the Act on the Reduction of Minimum Quantity (see, e.g., Supreme Court Decision 2009Da1248, Apr. 2, 2009)
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, is driving before and after drinking alcohol.
However, a punishment shall be determined by taking into consideration the following facts: (a) the person appears to have suspended the driving of alcohol on his own before arrival at a destination at the time of the driving of the instant drinking; (b) there is no previous conviction exceeding the fine; (c) the alcohol concentration in the blood before driving of the previous drinking was 0.051%; (d)0.059% which was relatively high; and (e