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A defendant shall be punished by imprisonment for six 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 August 6, 2010, the Defendant was issued a summary order with a fine of 2.5 million won as a crime of violating the Road Traffic Act at the Cheongju District Court on August 6, 2010, and a fine of 5 million won as the same crime in the Seosan Branch of the Daejeon District Court on August 21, 2013.
On September 27, 2018, the Defendant driven a B-hand motor vehicle at approximately 500 meters away from the 16th Do-ro 117, Seocheon-si, Seocheon-si, to the 66th Do-si, Seocheon-si, with alcohol content of 0.20% while under the influence of alcohol during blood at around 00:45.
Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and report on the results of regulating drinking;
1. Previous convictions in judgment: Inquiry of criminal records and investigation records into criminal records, reporting on criminal investigations (Attachment of a copy of a summary order), and application of statutes of a 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 Act on the order to provide community service and attend lectures - the defendant recognizes and reflects wrongness.
- Drinking driving requires severe punishment due to significant social harm, and the alcohol concentration in blood is 0.200% high.
- The defendant has been sentenced to two times a fine due to the same driving power of drinking alcohol.
However, there is no past record of a fine exceeding the fine.