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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 July 1, 2010, the Defendant was sentenced to a fine of KRW 1.5 million due to a violation of road traffic laws at the Ulsan District Court on July 1, 201, and was sentenced to a summary order of KRW 1.5 million due to a violation of road traffic laws at the same court on August 29, 2013.
Although the Defendant had been punished twice or more due to drinking driving, on May 25, 2017, the Defendant driven B rocketing car under the influence of alcohol concentration of about 0.162% from the 2K-distance section to the roads in front of the parking lot in the new world department store located in 35, as in the same city shipping Daegu City Center from the roads adjacent to the swimming intersection located in the Suwon-gu Busan Metropolitan City around May 25, 2017.
Summary of Evidence
1. Statement by the defendant in court;
1. Making a statement on the circumstances of driving under the influence of alcohol, conducting an investigation report (report on the circumstances of the driver under the influence of alcohol), reporting on the circumstances of driving under the influence of alcohol, and inquiry into the results of
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (report accompanied by a copy of the same paper written judgment), text of judgment, and summary order-making Acts and subordinate statutes;
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
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 stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):
1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order and the fact that the defendant's main record of sentencing is not less than that of the defendant, and that the defendant has two identical criminal records, etc. are disadvantageous.
However, it is favorable for the defendant to recognize the facts charged and seriously reflect it.
In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.
[Sentencing Criteria] - No sentencing criteria are set.