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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
【Criminal Records of Crimes】 On February 18, 2007 and March 29, 2007, the Defendant was sentenced to a suspended sentence of two years for eight months at the Daejeon District Court on December 28, 2007.
On June 19, 2017, the Defendant, while under the influence of alcohol concentration of 0.124% in blood around 22:20 on June 19, 2017, operated a section of approximately 2 km distance from the 33rd side of Daejeon Seo-gu, Seo-gu, Daejeon to the front road of the Daejeon Jung-gu, Daejeon.
As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition on drinking at least twice.
On July 13, 2017, the Defendant, while under the influence of alcohol on July 13, 2017, around 18:55, the Defendant driven a D-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed LA-Wed-Wed-Wed-Wed
As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition on drinking at least twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of regulating driving of drinking alcohol and statement in the circumstances of each driving driver;
1. Previous convictions in judgment: Inquiry about criminal history, the application of the provisions of the Acts and subordinate statutes governing Daejeon District Court Decision 753, 2376 (Consolidation);
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of punishment for a crime;
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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. Article 62 (1) of the Criminal Act on the stay of execution (The following consideration shall be repeated for the reasons for sentencing):
1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order is that the defendant had been punished as a suspended sentence due to drinking operation, etc.