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Defendant shall be punished by imprisonment for a term of one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
On November 21, 2008, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (drinking driving) at the Busan District Court's Dong Branch, and on May 13, 2010, issued a summary order of KRW 3 million as a crime of violation of the Road Traffic Act (drinking driving) at the Busan District Court's Dong Branch, and on July 7, 2010, was sentenced to a suspended sentence of KRW 6 months with imprisonment for a crime of violation of the Road Traffic Act (drinking driving) at the Busan District Court's Busan District Court's Busan District Court's Dong Branch, and on January 10, 2014, the Defendant was sentenced to a suspended sentence of two years for six months, respectively.
On April 4, 2017, at around 23:55, the Defendant driven Bone Star Co., Ltd under the influence of alcohol content of approximately 0.185% from the 1km section to the front road located in the Dong-dong at the same bottom of the Gu from the mutual influence 115-dong, which is located in the city of the city of the city of the city of the city of the city of the city of the Busan to the front road of the same 115-dong.
As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;
1. Previous convictions: Application of Acts and subordinate statutes, such as a reply to inquiry, copy of judgment, etc., such as criminal history;
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 62 (1) of the Criminal Act on the stay of execution (The following favorable circumstances required for the reasons for sentencing);
1. The reasons for sentencing under Article 62-2(1) and the proviso of Article 62-2(2) of the Social Service Order Act, and Article 59 of the Act on the Observation, etc. of Protection, etc., had been punished by a total of five times or more including two times of the suspension of the execution of imprisonment even before the instant crime, but the period of probation, which was finally sentenced, has been one year after the suspension of the execution of the sentence.
At the time of the instant crime, the amount of alcohol concentration among the blood of the Defendant is considerably high.
(b).