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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 September 13, 2007, the Defendant was sentenced to a suspended sentence of 2 million won or more as a crime of violating road traffic laws (drinking driving), on June 16, 2009, the Defendant was sentenced to a suspended sentence of 2 years or more as a crime of violating road traffic laws (drinking driving) in the above court on October 12, 2012, and was sentenced to a suspended sentence of 2 years or more as a person who was sentenced to a suspended sentence of 3 times for 6 months or more as a drinking and was sentenced to a suspended sentence of 2 years or more as a person who was sentenced to a suspended sentence of 0.52% or more as a matter of drinking on February 24, 2017. On February 24, 2017, the Defendant was driving a vehicle under a drunk sentence of 600 meters or more from the Goyang-gu, So-gu Seoul Metropolitan City 637-53 Haakdong-dong to the front intersection of the first.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;
1. Previous convictions in judgment: Application of inquiries about criminal history and text of judgment;
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 the amount of loss (see, e.g., Supreme Court Decision 2009Do1448, Apr. 1, 201);
1. Article 62 (1) of the Criminal Act (resumed as the grounds for the suspension of execution);
1. Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act for the observation and observation of protection;
1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend Courses;