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A defendant shall be punished by imprisonment with prison labor 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
On April 30, 2008, the Defendant received a summary order of KRW 500,000 from the Gwangju District Court to a fine of KRW 500,000 as a crime of violating the Road Traffic Act. On July 14, 2008, the same court received a summary order of KRW 5 million as a fine for the same crime.
Around 00:50 on February 13, 2018, the Defendant driven a “Nemanbane” motor vehicle under the influence of alcohol level of approximately 0.276% in the 3km section from the front day of the “Nemanb” alcohol house in Young-gu, Young-gu, Young-gu, Young-gu, Seoul, to the front day of the Yandong Oil Station located in the same Eup.
As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who has violated the prohibition of drinking at least twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiry into the alcohol appraisal report and the results of crackdown on drinking driving during blood (the 31th page of the evidence record);
1. Previous conviction in judgment: Application of a reply to inquiry, such as criminal history, investigation report (including a copy of the summary order attached to the confirmation of the suspect's drinking record) statute;
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. 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 reason for sentencing Article 62-2 of the Criminal Act is that the degree of alcohol level is very high in blood.
Imprisonment shall be imposed by selecting a criminal defendant at once in consideration of his/her influence of drinking alcohol.
In addition, in consideration of the circumstances of drinking driving, the distance and place of drinking driving, the age of the accused, sexual conduct, environment, circumstances after the crime, etc., the punishment as ordered shall be determined.