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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
On July 30, 2008, the Defendant was issued a summary order of KRW 700,000 by the Seoul Northern District Court to a fine for a violation of the Road Traffic Act, and on May 20, 201, the Defendant was issued a summary order of KRW 3 million due to a crime of violation of the Road Traffic Act (driving) at the Jung-gu District Court on May 20, 201.
On June 11, 2018, the Defendant driven a B-learning car under the influence of alcohol content of about 0.091% in the 2km section from the roads near the new-gu University in Sungnam-gu, Sungnam-gu to the roads in front of the "mangic lusium" of the Manam-si, Sungnam-si.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;
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. Taking into account the following circumstances: (a) even though there were two occasions the records of punishment for driving alcohol for the reason of sentencing under Article 62(1) of the Criminal Act, the instant crime was committed; (b) there was no means of punishment for driving alcohol since 2011; (c) there was a circumstance to take into account the circumstances of driving alcohol, such as: (a) the person supports his or her wife and minor children, including the fact that he or she has been under influence after drinking alcohol on the new wall, but he or she was under control by