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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
[criminal history] On January 21, 2012, the Defendant issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (driving alcohol) at the Seoul Central District Court, and a summary order of KRW 2 million for a crime of violating the Road Traffic Act (driving alcohol) on February 20, 2014.
[Criminal facts] around 00:50 on August 11, 2018, the Defendant driven D HG car while under the influence of alcohol leveling 0.129% while under the influence of alcohol leveling to approximately 60 meters from the 67-lane 21 to the 18-lane 18-lane ro, the bank located in Yeongdeungpo-gu Seoul Metropolitan Government.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the interrogation of suspects of E;
1. Notification of the results of regulating drinking driving;
1. Previous conviction: Application of Acts and subordinate statutes that inquire about criminal history;
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) of the Road Traffic Act concerning the facts constituting an offense;
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. The reasons for sentencing under Article 62-2 of the Criminal Act of the Order to Attend shall be determined as ordered by taking into account the following factors: (a) the fact that the defendant had a 4-time driving record of drinking alcohol and a 2-time driving record of unlicensed driving, (b) the degree of alcohol concentration during blood, and other accused’s age, sex, environment, etc.: