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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
On January 13, 2012, the Defendant was issued a summary order of KRW 1,50,000,000 by the Seoul Western District Court for a crime of violating the Road Traffic Act, and on March 27, 2013, the Defendant was issued a summary order of KRW 3,50,000 as a fine for the same crime at the Seoul Northern District Court for the same offense.
On July 31, 2017, around 00:40, the Defendant driven CNAS car in the state of alcohol of about 0.219% of alcohol concentration in the middle of the subway No. 4 in the subway No. 69-1, which was located in Seoul Special Metropolitan City, Nowon-gu, from the front line of the subway No. 4 in the subway No. 69-1, to the shooting distance in front of the subway No. 510, the same Gu Trank Station No. 510.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the detection of a primary driver;
1. Statement of the circumstances of the driver involved in driving;
1. Previous conviction: Application of a written inquiry and a written summary order, such as criminal history;
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. Taking into account the circumstances, such as the fact that an order to attend a lecture or an order to attend a community service order could have a record of being punished for driving under the influence of alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, again leading to the instant crime; the degree of drinking is very high; the occurrence of a traffic accident; there is no criminal punishment exceeding a fine; and there is no reflection