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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[Criminal Power] On November 25, 2012, the Defendant was sentenced to a fine of 1.5 million won for a crime of violation of the Road Traffic Act at the Incheon District Court on November 25, 2012, and on February 1, 2008, the Defendant was sentenced to imprisonment for a violation of the Road Traffic Act (driving) at the Incheon District Court on February 1, 2008 on more than two occasions.
【Criminal Facts】
On May 12, 2019, at around 23:57, the Defendant driven a motor vehicle under the influence of alcohol with approximately 500 meters alcohol concentration of 0.20% in the section of approximately 500 meters from May 12, 2019 to the front road of the Incheon Nam-gu, Incheon.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the control of drinking driving;
1. Previous convictions: Application of criminal records and investigation reports (informating statutes, such as judgments of the suspect's same kind of power;
1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act suspended execution (Consideration, such as the reflectivity, the previous records of driving under influence prior to seven years, and the wife and the wife to support two children);
1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;