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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 June 8, 201, the Defendant was issued a summary order of KRW 2,500,00 as a fine for a violation of the Road Traffic Act (drinking driving) at the Incheon District Court’s Busan District Court’s Branch on June 8, 201, on December 28, 2011, the Defendant was issued a summary order of KRW 7,00,000 due to a violation of the Road Traffic Act (dacting driving), and on October 23, 2013, the Defendant was sentenced to imprisonment for a violation of the Road Traffic Act (dacting driving) at the Incheon District Court’s Incheon District Court’s Branch on June 23, 201, and was in violation of Article 44(1) of the Road Traffic Act at least twice.
On February 2, 2018, while under the influence of alcohol level of 0.120% among the blood transfusion around 23:15, the Defendant driven a car with a volume of 50 meters high from the Do in front of the 1st apartment house of Geumho-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seoul, to the 101 front of the 101 parking lot.
Summary of Evidence
1. Statement by the defendant in court;
1. Each photograph (the No. 2-1, 9, 15 of the evidence list);
1. Statement of the circumstances of the driver involved in driving;
1. Previous convictions in judgment: A reply to inquiry, each summary order, and the application of statutes;
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
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. There is a risk that the defendant will repeat a crime in light of the fact that the defendant's mistake is recognized in sentencing grounds under Article 62-2 of the Criminal Act, Article 59 of the Protection, Observation, etc. Act, and the criminal records of the defendant, etc.
determined, and considering all the circumstances such as alcohol concentration, driving distance, etc. during blood;