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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal history] On June 14, 2012, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (driving alcohol) at the Jeju District Court on June 14, 2012, and a fine of KRW 5 million for a violation of the Road Traffic Act (driving alcohol) at the support of the Suwon Flag Flag and Sungnam, etc. on August 19, 2013.
[2] On February 16, 2017, the Defendant driven a B-e-sports cargo vehicle under the influence of alcohol content of about 0.066% at approximately 50 meters from a 500-meter section to the front road of the Middle-gu Youth Training Center located in 439, as the village located in Sungnam-si, Sungnam-si, Seoul, in around 05:24, the Defendant driven a B-e-sports cargo vehicle under the influence of alcohol content of about 0.06%.
Summary of Evidence
1. Statement by the defendant in court;
1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report on confirmation of such previous history);
1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The crime of driving under the influence of alcohol for sentencing under Article 62-2 of the Social Service Order Criminal Act is a crime that may infringe not only the driver but also the lives and bodies of citizens using roads, and requires strict punishment.
In light of the fact that the defendant was punished for the same criminal record and is under suspension of the execution of drinking, the nature of the crime is very poor, but the defendant is against the defendant, and the punishment shall be determined like the order, taking into account all the sentencing conditions, such as the influence of alcohol, the age of the defendant, family environment, and the situation before