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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 March 14, 2014, the Defendant received a summary order of KRW 4 million as a crime of violating the Road Traffic Act (drinking driving) from the Incheon District Court, and a summary order of KRW 3 million as a fine in the same court on July 29, 2016.
On September 21, 2017, around 23:43, the Defendant driven Bi30 automobiles while under the influence of alcohol content of about 0.127% in the front of “effective Flag” located at approximately 17 m. 265 m. from the Do in front of the “road cafeteria cafeteria” located in the Do, Seocheon-si, Seocheon-si, 2017.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating driving of drinking alcohol (list 3);
1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history (list 15);
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 (1) 3 of the Criminal Act for Reduction of Quantity (the confession, reflectivity, and the previous conviction of a fine in the same kind as the judgment in the judgment shall not have any record of criminal punishment except twice, and the distance of driving shall not extend);
1. Article 62(1) of the Criminal Act on the stay of execution ( considered as above);
1. Protective observation, Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Social Service Order.