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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 November 6, 2007, the Defendant received a summary order of KRW 1,500,000 as a fine for a crime of violating the Road Traffic Act (drinking driving), a summary order of KRW 1,50,000 as a fine for a crime of violating the Road Traffic Act at the Seoul Central District Court on May 27, 2009, and a summary order of KRW 2,00,000 as a fine for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Western District Court on November 7, 201.
On June 28, 2017, the Defendant driven at around 18, 2017, around 23:38, 18, 18, 11, 30,000 from the front of Sinsi in the middle of Sinsi in the same day, and 0.138% of alcohol concentration in blood at the section of about 1km to the front of the parking lot of Boan Hospital.
As a result, the defendant, who violated the prohibition on drinking at least twice, was driving a drinking again in violation of the above provision.
Summary of Evidence
1. Statement by the defendant in court;
1. Reporting on the arrest of the case and notification of the result of regulating drinking driving;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the previous summary order);
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 Criminal Act on the suspended execution;
1. As to the reasons for sentencing under Article 62-2 of the Criminal Act, even though there are many criminal convictions for the defendant, there are no records of punishment exceeding the fine against the defendant, and the sentencing conditions, such as the defendant's age, sex, environment, circumstances, means and consequence of the crime, etc., shall be determined by taking into account the circumstances after the crime.