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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 November 9, 2010, the Defendant was sentenced to a suspended sentence of 8 months for a crime of violating road traffic law in the Changwon District Court's Jinju branch on the ground of a violation of road traffic law, and was sentenced to a suspended sentence of 2 years for the Defendant on September 10, 2013, and was sentenced to imprisonment of 8 months for the same crime in the same court on September 10, 2013,
On March 25, 2018, while under the influence of alcohol 0.156% among the blood transfusion around 03:27, the Defendant driven a B-wing vehicle at the section of about 100 meters from the GS 25 m25 m20m prior to the GS 25 m25 m3, GS located in Geum-ro, Geum-ro, Geum-si, Geum-si, a gold-ro 60m.
Accordingly, the Defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the detection of a primary driver;
1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);
1. Sovereign photographs;
1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes of investigation reports;
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. Articles 53 and 55 (1) 3 of the Criminal Act (including the fact that a person has no previous record of the same kind in the last three years) of the mitigated amount;
1. Article 62 (1) of the Criminal Act on the suspension of execution (including the fact that there is no previous conviction in the last three years);
1. It is so decided as per Disposition on the grounds of protection observation and community service order under Article 62-2 of the Criminal Act or more;