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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 June 14, 2006, the Defendant received a summary order of KRW 1 million from the Ulsan District Court to a fine of KRW 2 million for a crime of violating the Road Traffic Act. On June 2, 2009, the Defendant received a summary order of KRW 2 million from the Ulsan District Court to a crime of violating the Road Traffic Act.
On April 14, 2018, the Defendant driven B New Zealand bus with approximately 7km alcohol concentration of about 0.116% from a section of approximately 7km to a road located in the 313rd place in Ulsan-gun, Ulsan-gun, Ulsan-gun, U.S., Ulsan-do, U.S., under the influence of alcohol around 0.116%.
Accordingly, even though the Defendant was punished twice or more as a crime of violating the Road Traffic Act (drinking driving), the Defendant driven the bus under the influence of alcohol as above.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on drinking driving;
1. Previous conviction: Inquiry about criminal history and application of a copy of each summary order;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense [the choice of imprisonment] under the relevant Act;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Although there are two occasions the records of punishment for the sentencing of Article 62-2 of the Criminal Act for the provision of community service and order to attend a lecture, again, the crime of this case is committed, a chartered bus which is not a general car is driven by drinking, while driving a chartered bus which is not a general car, a depth after the crime is divided, and the case has no special criminal records for nine years until the day of the previous drinking control, and other conditions of sentencing as shown in the records such as the defendant's age, occupation, sex, sex, family relationship, living environment, circumstances leading to the crime, and circumstances after the crime, etc. shall be determined by taking into account the following factors: the execution thereof shall be suspended, and community service and order to attend a lecture