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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
Criminal facts
[criminal history] The defendant is a person who was sentenced to a fine of 1.5 million won for a crime of violating the Road Traffic Act at the Suwon Friwon on November 21, 2008 and a suspended sentence of 2 years for the same crime in the same court on November 27, 2008.
[2] On August 23, 2017, the Defendant driven a coo vehicle in the section C with approximately 500 meters away from the apartment complex located in the 2nd 2nd Yannam Eup in the direction of 0.109% alcohol level among blood transfusions on August 23, 2017.
Summary of Evidence
1. Statement by the defendant in court;
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 application of Acts and subordinate statutes on investigation reports;
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 Act on the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act (Article 62(1) includes the following: (a) that the criminal defendant is divided into and reflected against the criminal act in this case; (b) that human and material damage has not occurred due to the criminal act in this case; (c) that the criminal defendant has no criminal record of imprisonment with prison labor; (d) that there has been no history of criminal punishment for about ten years; (e) on the other hand, the criminal defendant has a history of criminal punishment for driving under drinking; and
1. Article 62-2 of the Criminal Act, Article 59 (1) of the Act on the Observation, etc. of Protection, etc. of Social Service Orders;