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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 March 11, 201, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court's Jinju branch on March 11, 201, and on December 15, 2015, the Defendant was issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving) at the same court.
On October 3, 2017, the Defendant driven BM5 car owned by the Defendant at the section of approximately 100 meters near the old Jinju Branch Office, where the Defendant was under the influence of alcohol level of 0.113% among the blood transfusions, while under the influence of alcohol level of 0.13%.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the detection of a primary driver;
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. On-site photographs;
1. Previous convictions: The application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations (referring to the same criminal records and 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 Criminal Act on the suspended execution;
1. It is so decided as per Disposition on the grounds of protection observation and community service order under Article 62-2 of the Criminal Act or more;