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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 April 18, 2003, the Defendant issued, at the Daejeon District Court, a summary order of KRW 700,000,000 as a fine for a crime of violating the Road Traffic Act, at the same court on January 9, 2008, a summary order of KRW 700,000 as a fine for the same crime, at the same court on October 22, 2009, a summary order of KRW 1.5 million as a fine for the same crime, and on July 2, 2013, a summary order of KRW 5 million as a fine for the same crime was issued by the same court.
Although the Defendant had been subject to punishment twice or more due to drinking driving, on December 23, 2017, while under the influence of alcohol level of 0.106% from the blood alcohol level on around December 23, 2017, the Defendant driven B rocketing car at a section of approximately 100 meters from the Do in the front of the Seocheon-gu Seocheon-dong, Daejeon to the front of the mountain bridge in the Seocheon-gu, Daejeon.
Summary of Evidence
1. Statement by the defendant in court;
1. An explanatory note;
1. Inquiries about the results of crackdown on drinking driving;
1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment of a summary order);
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. 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 suspended execution;
1. Even though the reason for sentencing under Article 62-2 of the Criminal Act was four times the criminal records of the same kind of fine by 2013, the crime of this case is determined by comprehensively taking account of the following: (a) the nature of the crime has no record of the same suspended execution or the same kind of crime; (b) the Defendant’s serious reflectivity and family relationship