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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[Criminal Records] The Defendant is a person who was sentenced to two years of suspended execution in October 1, 2016 by the Jeonju District Court on June 23, 2016 due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dangerous and Death or Injury) at the Jeonju District Court, and is still under suspended execution as of October 1, 2016.
[2] On October 15, 2017, around 21:55, the Defendant driven a coo motor vehicle in C under the influence of alcohol level of about 2 km from the section of approximately 0.138% of alcohol level in blood to the two-use underground roadways located in the same pair-dong, Seo-gu, Seo-gu, Seo-gu, Two-gu, Two-ro, Two-ro, Two-ro, Two-dong, to the Han-dong.
Summary of Evidence
1. Statement by the defendant in court;
1. A survey report on actual condition and an accident scene photograph;
1. Notification of the results of regulating drinking driving;
1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);
1. A written appraisal of alcohol during blood;
1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on the result of confirmation of the previous convictions in disposition, and application of each statute;
1. Article 148-2(2)2 and Article 44(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime of this case; Article 148-2(2)2 of the Act on the Aggravated Punishment, etc. of the Specific Crimes as to the crime of this case; Article 44(1) of the Act on the Aggravated Punishment, etc. of the Punishment, etc. of Specific Crimes; Article 203 of the Act on the Aggravated Punishment, etc. of the Punishment, etc. of Specific Crimes provides that a person was punished by a fine for the crime of drinking even though he/she was under suspension of execution due to a crime of violation of the Act on the Aggravated Punishment, etc. of the Specific Crimes as to the crime of this case; however, the defendant's mistake is against the defendant's age, sex, family relationship, health status