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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 May 19, 2014, the Defendant was issued a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court’s branch on May 19, 201, and on June 13, 2017, the Defendant filed a claim for a summary order of KRW 3 million for the same crime.
[Criminal facts] On June 13, 2017, the Defendant driven BM7 vehicle under the influence of alcohol with approximately 0.106% alcohol level 0.106% from the 20km section from the French road located in Gyeonggi-si, Gyeonggi-si, Gyeonggi-do, to the 119th roads.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating drinking driving;
1. Previous convictions indicated in judgment: Inquiry about criminal history, application of investigation reports (a summary order and attachment of indictment) Acts and subordinate statutes;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate amount of punishment (Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 of the Criminal Act reflects the defendant's depth in committing the crime in this case and has no previous conviction heavier
1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of the amount of punishment);
1. It is decided as per the Disposition on the grounds of Article 62-2 or more of the Criminal Act;