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1. The defendant shall be punished by imprisonment for eight months;
2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;
3.
Reasons
Punishment of the crime
On October 7, 2010, the Defendant issued a summary order of KRW 2.5 million to a fine for a crime of violating the Road Traffic Act, and a fine of KRW 4 million to a same court on March 4, 2015.
On January 16, 2018, the Defendant driven a BN motor vehicle under the influence of alcohol content of about 300 meters from the section of approximately 0.069% of alcohol in the blood, from the roads of the French land located in the Dong-Eup in Yangju-si, Yangju-si to the roads of the same city-si Bradong New Street.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of driving under the liquor:
1. Inquiries about the results of crackdown on drinking driving;
1. Previous convictions in judgment: Application of a reply, such as inquiry about criminal history, report on investigation (verification of the same kind of power, etc.);
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 reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Community Service and Order to Attend, even though the Defendant had been punished twice in the past, committed the instant crime again in the past, taking into account the Defendant’s age, sexual behavior, environment, motive and circumstances after committing the instant crime, etc., and the sentencing conditions indicated in the records, such as the Defendant’s age, sexual behavior, and environment, and the motive and circumstances after committing the instant crime, shall be determined as ordered.