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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On July 25, 2013, the Defendant was issued a summary order of KRW 3 million for a crime of violating road traffic law in the support of the Suwon Friwon method, and on November 15, 2013, the Defendant was issued a summary order of KRW 5 million for a crime of violating road traffic law in the Incheon District Court Branch of Incheon District Court on November 15, 2013.
Criminal facts
Although the Defendant had the record of violating drinking regulations two times or more, on September 20, 2018, 201:01:09, the Defendant driven a B-learning car under the influence of alcohol with approximately 0.096% alcohol concentration in blood from around the 1km-dong, Yang-dong, Yang-dong, Chungcheongnam-dong, Singu, Sinri-si to about 97-4.
Summary of Evidence
1. Statement by the defendant in court;
1. The circumstantial report on the driver's statement and output of drinking results;
1. A previous conviction: A reply to inquiry, such as criminal history, reporting of a previous conviction before and after the disposition, and applying Acts and subordinate statutes of the 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. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture is two times the reason for sentencing, but the driving of drinking again is likely to require strict punishment.
However, if there was no accident, there was no record of punishment exceeding a fine due to the same kind of crime, and the punishment shall be determined as ordered in consideration of the reflective circumstances.