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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] The Defendant received a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act (driving) on March 18, 2013, and a fine of KRW 4 million on December 5, 2017, respectively, in the Daejeon District Court’s astronomical Branch.
【Criminal Facts】
On October 24, 2018, around 18:35, the Defendant driven CM5 car while under the influence of alcohol of 0.151% of alcohol level from the front day of the Asan City B building to the front day of the museum distance of 103, Asan City, Chungcheongnam-do.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual state of the driver;
1. Notification of the control results of drinking driving;
1. Previous convictions in judgment: Application of criminal records, repeated statements, and statutes;
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. Taking into account the fact that community service or an order to attend a lecture has been punished twice due to the drinking alcohol driving on the grounds of sentencing under Article 62-2 of the Criminal Act and again causes a traffic accident, and that he/she has a high blood alcohol level: Provided, That the fact that he/she has no criminal record, other than twice the fine prescribed in the judgment, and that he/she raises married aged 7 years