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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 two years from the date of the final judgment.
Reasons
Punishment of the crime
[criminal power] On February 10, 200, the defendant was sentenced to a summary order of KRW 2 million by the Daegu District Court on the same day, which was sentenced to a fine of KRW 2 million due to a violation of the Road Traffic Act (driving) at the same court on September 5, 200, and a fine of KRW 3 million due to a violation of the Road Traffic Act (driving) at the same court on October 20, 200, respectively. On May 19, 200, the defendant was sentenced to a summary order of KRW 2 million due to a violation of the Road Traffic Act (driving). On June 9, 200, the defendant was sentenced to a suspended sentence of two years due to a violation of the Road Traffic Act (driving) at the Daegu District Court Kimcheon-cheon Branch branch on the same day. On June 9, 2008, the same court received the summary order of KRW 2.5 million due to a violation of the Road Traffic Act (Refusal of Drinking Measures).
【Criminal Facts】
On 05:05 on 24, 2016, at around 05:05, the Defendant driven a BnewFysta car in the state of alcohol alcohol concentration of approximately 0.117% in a section of about 10km from the front of a mix in the French-si, Gyeongbuk-si to the intersection of the sloping road in the Gyeongdong-gu, Gyeongbuk-si, Gyeongbuk-do to the intersection of the sloping-do.
Summary of Evidence
1. Defendant's legal statement;
1. The application of Acts and subordinate statutes to a report on the results of the control of drinking driving and the state of driving under drinking;
1. Relevant Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act is the number and time of punishment for the same kind of crime; the numerical value of blood alcohol concentration at the time of driving under the same case; the defendant's age, character and conduct, intelligence and environment; motive, means and consequence of the crime; and the circumstances after the crime, etc., the punishment as ordered shall be determined in consideration of various factors of sentencing as shown in the argument of this case.