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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
[criminal history] On January 8, 2010, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (driving alcohol) at the Suwon Friwon method, and on November 13, 2013, the Defendant violated Article 44(1) of the Road Traffic Act by receiving a summary order of KRW 2 million for the same crime at the same court on November 13, 2013.
[2] On April 30, 2017, the Defendant, while under the influence of alcohol at around 0.116% during blood transfusion, driven a coo car in B at approximately 8km from the viewing parking lot of water sources in Suwon-si, Suwon-si, Suwon-si, 241, in a state of alcohol leveling around 0.16%, and the Defendant driven a coo car in the section B at approximately 8km at the front of the entrance of the Corporation at approximately 180-575.
Summary of Evidence
1. A protocol concerning the examination of the police officers of the accused;
1. Notification of the results of regulating drinking driving;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and report-related Acts and subordinate statutes as a result of confirmation of each disposition;
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;