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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] On January 5, 201, the Defendant was sentenced to a suspended sentence of one year for six months in prison due to a violation of the Road Traffic Act (drinking) in the Incheon District Court's Branch Branch on January 5, 201. On February 26, 2018, the Defendant filed an application for a summary order for a violation of the Road Traffic Act (drinking) with the support of Suwon Friwon on February 26, 2018
[2] On March 25, 2018, the Defendant driven a Drodo Rasber in Dland under the influence of alcohol concentration of about 0.138% from around 278 meters to around 21 Seoul Real Estate (Seoul), from the front day of the 201st day of the 201st day to the 21st day of the 21st day of the 15th day of the 2018 Singu.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of driving under the liquor:
1. Previous convictions: Inquiry of criminal history, reporting of minor convictions and results, and application of Acts and subordinate statutes of indictments;
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 sentencing conditions, such as the defendant's age, sex, family relationship, etc., shall be determined in comprehensive consideration of the following normal relation with the observation of protection, community service, and order to attend lectures under Article 62-2 of the Criminal Act;
- Unfavorable circumstances: The fact that the person committed the same crime, having committed the same crime for a short period of time, and the degree of drinking is considerably high and favorable: The confession and reflect; the person who supports his/her children; the person has been engaged in volunteer activities for the ordinary community; the person has no criminal record exceeding the suspension of the execution of imprisonment with prison labor.