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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 November 9, 2006, the Defendant was sentenced to a summary order of a fine of two million won for a crime of violating road traffic laws (drinking driving) in the Goyang Branch of the Jung-gu District Court on November 9, 2006, and on July 14, 201, the Defendant was sentenced to a suspended sentence of two years for six months for a crime of violating road traffic laws (drinking driving).
On December 31, 2016, the Defendant driven BM5 car under the influence of alcohol by 0.122% at a distance of about 1k meters from the front of the Wangdo-dong, Jung-gu, Incheon Metropolitan City, to the north-ro, 16-5, Northwest-ro, 16-5, Northwest-do, Jung-gu, Incheon.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (the confirmation of a criminal suspect's previous conviction);
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. Circumstances unfavorable to the reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend: The defendant recognized the crime of this case and committed the crime of this case more than three times in favor of him; the defendant committed the crime of this case more than five years after the last previous conviction; and the circumstances are considered to have been driven in the process of finding a neighboring accommodation under drinking in the amusement park; and the defendant's age, sexual behavior, environment, means and result of the crime; and the circumstances after the crime of this case, etc., the punishment as set forth in the order shall be determined by taking full account of various sentencing conditions as shown in the arguments of this case.