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A defendant shall be punished by imprisonment for not more than ten 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
On June 20, 2008, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of road traffic laws (drinking driving) from the Youngcheon District Court’s Young-gu branch on June 20, and on July 30, 2010, the Defendant received a summary order of KRW 70,000 as a fine for the same crime
On October 10, 2016, the Defendant driven B rocketing car under the influence of alcohol concentration of about 0.222% in the section of about 11km from the front of the “90” road located in the Gangwon-gu Seoul Special Metropolitan City of Gangwon-do to the front road of the “Tai Industries History” located in 578 Tae-si, Taecheon-do.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. A written appraisal of alcohol during blood;
1. Previous convictions: Inquiry about criminal history and the application of Acts and subordinate statutes of a report on criminal investigation (verification of the records of the same type of crime);
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 reasons for sentencing under Article 62-2 of the Criminal Act include the fact that the defendant has been punished for driving alcohol three times, the fact that the blood alcohol concentration level is very high, the occurrence of traffic accidents, etc., the defendant has no previous conviction exceeding the fine, the favorable circumstances such as the defendant's age, sexual behavior, environment, motive, means, method, and consequence of the instant crime, and all the other conditions of sentencing as shown in the records and theories of the instant case, such as the circumstances before and after the instant crime, etc., shall be determined as the order.