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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 was issued, respectively, by the Jeonju District Court, a summary order of KRW 1 million on September 2, 2012, and a summary order of KRW 4 million on May 23, 2014.
Although there was a history of punishment two or more times due to drinking driving, the Defendant driven a C-to-purd vehicle at around July 4, 2017, under the influence of alcohol 0.127% from around 50 meters in the section of approximately 50 meters of alcohol level from the roads of Samsung Electronic, located in the CU convenience store in the same way as those of the former CU convenience store, to the roads front of Samsung C-to-be in the same way as the former CU convenience store, the Defendant driven the C-to-purd vehicle at around 0:00.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. A report on the detection of a primary driver;
1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act, the choice of punishment for an inquiry about an offense subject to the relevant Acts and subordinate statutes, such as criminal history, etc., and the selection of a sentence of imprisonment;
1. In the case of sentencing under Article 53 and Article 55(1)3 of the Act on the Suspension of Execution of Sentence 3 of the Punishment of Small Quantity Reduction Criminal Act (Article 62-2 of the Criminal Act) and Article 62-2 of the Act on the Suspension of Execution of community service order and order to attend a lecture even though the defendant had already been punished twice by a fine due to drinking, taking into account other circumstances, such as the defendant's age, occupation, living environment, and driving of drinking at once despite the fact that the defendant had already been punished by a fine twice due to drinking,