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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
On July 10, 2007, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving) from the Seocheon Branch of the Daejeon District Court on July 10, 2007, a summary order of KRW 1.5 million as a fine for a violation of the Road Traffic Act (driving) from the Seocheon Branch of the Daejeon District Court on August 10, 2007, and a fine of KRW 3 million from the Daejeon District Court on April 16, 2010.
On May 17, 2015, at around 22:00, the Defendant driven a Cro-motor vehicle under the influence of alcohol with approximately KRW 500 meters alcohol concentration of 0.317% from the section of around 22:05 on the same day from the front road of the Seo-gu Seo-gu Daejeon, Seo-gu, Daejeon to the front road of the Monodong High School.
Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial report on the driver and the report on detection of the driver;
1. Inquiry into the result of the crackdown on drinking driving;
1. A written appraisal of blood alcohol;
1. Inquiries, such as criminal records, and the application of Acts and subordinate statutes reporting criminal investigations;
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Consideration of high drinking alcohol taking such as three times a fine of the same kind as the grounds for sentencing under Article 62-2 of the Criminal Act, attitude of serious reflection, family relationship, etc. of the accused;