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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
【The Defendant issued, on June 9, 2015, a summary order of KRW 3,50,000 as a fine for a crime of violating the Road Traffic Act (driving) at the Cheongju District Court, and KRW 1,500,000 as a fine for the same crime at the same court on November 7, 2016.
【Criminal facts” around 08:10 on February 25, 2018, the Defendant driven B rocketing car under the influence of alcohol concentration of about 200 meters at approximately 0.089% during blood while under the influence of alcohol leveling from the front of the convenience store of 55:0 Do-ro 32:0,000,00 a.m. to the front of the 17 Do-ro 626 Do-ro 17,000 Do-ro 17,000.
Accordingly, the Defendant, who violated the provision of “the prohibition of driving under the influence of alcohol” not less than twice, driven a motor vehicle under the influence of alcohol in violation of the same provision.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;
1. Previous conviction: Application of a reply to inquiry, such as criminal history, written investigation report (Attachment to the same summary order), copy of summary order, and other Acts and subordinate statutes;
1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning the facts constituting an offense, and Articles 148-2 of the same Act and the imprisonment with prison labor;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (the degree of drinking, etc.) of the mitigated amount;
1. Article 62 (1) of the Criminal Act (a half the sentence, etc.);
1. Order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;