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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 2, 2015, the Defendant received a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act (drinking), and KRW 5 million as a crime of violating the Road Traffic Act in the same court on November 23, 2015.
On July 11, 2017, the Defendant driven B QM3 automobiles under the influence of alcohol level of about 0.149% from a section of about 700 meters in the direction of alcohol level to the same 1019-4.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of a driver who takes a driving and report on the results of drinking control;
1. Previous convictions: Inquiries about criminal history and the application of two-yearly Acts and subordinate statutes to summary orders;
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. Taking into account all circumstances, such as the defendant's records of punishment for drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, the amount of alcohol concentration in the blood of this case, the background and distance of drinking driving, etc.