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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On July 12, 2007, the Defendant received a summary order of KRW 500,000,000 as a fine for a violation of the Road Traffic Act (driving) from the Seoju District Court on June 2, 2008, a fine of KRW 1.5 million as a crime of violation of the Road Traffic Act (driving) at the Seoju District Court on June 2, 2008, and on March 26, 2014, a fine of KRW 8 million as a fine at the Seoju District Court on March 26, 2014.
Although the Defendant had had a alcohol driving twice or more, on April 30, 2016, at around 15:30, the Defendant driven a B knife vehicle under the influence of alcohol with approximately 500 meters of blood alcohol concentration of 0.188% without a vehicle driver’s license, from around 6 complexes of Heung Village apartment located in the Cheongju-dong, a considerable area of the Cheongju-si, Cheongju-si, to the front of the Korean apartment, located in the same Gu-ro 36.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the suspect examination of the accused;
1. C’s statement;
1. Reports on the state of the state of the driving of a motor vehicle and reports on the control of drinking driving;
1. Registers of driver's licenses;
1. Report on the occurrence of the case, and report on investigation;
1. Previous convictions indicated in judgment: Application of criminal records and copies of each summary order;
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Probation and lecture attendance order shall be decided as per the Disposition on the grounds of Article 62-2 of the Criminal Act or more;