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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] The defendant was issued by the Incheon District Court on July 24, 2009 a fine of KRW 700,000,000 as a crime of violating the Road Traffic Act (drinking driving), the same court on December 23, 2010, and the same court on July 26, 201 issued a summary order of KRW 5 million as a fine for the same crime. On June 13, 2013, the defendant was sentenced to a summary order of KRW 5 million with the same court on July 26, 201, and the same court on June 13, 2013.
[2] On July 13, 2018, around 23:40, the Defendant driven a passenger car with B low alcohol content at approximately 0.195% while under the influence of alcohol from the 70km section to the point where Pyeongtaek-si Hong-dong Coast Highway 288km away from the trade name in the vicinity of the Gangnam-gu Seoul Metropolitan Government Samsungdong subway Line to the point where it is located at approximately 70km.
As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.
Summary of Evidence
1. Statement by the defendant in court;
1. A survey report on actual conditions;
1. Statement of the circumstances of the driver involved in driving;
1. Notification of the results of regulating drinking driving;
1. Each photograph;
1. Previous conviction: Application of inquiry, inquiry, investigation report (verification of suspect record)-related Acts and subordinate statutes;
1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;
1. Selection of imprisonment with prison labor chosen;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):
1. Article 62 (1) of the Criminal Act on the suspension of execution (Article 62 (1) of the Criminal Act on the following favorable occasions):
1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Social Service Order: The defendant's age, family relation, and family relation. The defendant's age is the defendant's age.