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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On November 3, 2006, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) at the Daejeon District Court on November 3, 2006, and a summary order of KRW 4 million as a fine in the same court on June 18, 2012.
On September 3, 2017, around 00:04, the Defendant driven CM5 car under the influence of alcohol concentration of about 0.138% in the 3km section from the Do near Sincheon-si, Seocheon-si to the 132nd road.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating driving of drinking alcohol (list 1);
1. Previous convictions: Application of Acts and subordinate statutes of inquiry about criminal history (list 5);
1. The relevant Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, imprisonment with prison labor for a crime selected by means of the relevant Act and the selective punishment;
1. Article 53 and Article 55 subparag. 3 of the Criminal Act for Reduction of Small Quantity (a person has no record of criminal punishment except for confession, reflectivity, and three times prior to a fine, and a person has not been subject to any criminal punishment for the last five years);
1. Article 62(1) of the Criminal Act ( considered as above)
1. Article 62-2 of the Criminal Code of the Social Service Order