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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
[Criminal Experience] On April 15, 2008, the Defendant was sentenced to a fine of KRW 1.5 million as a crime of violating the Road Traffic Act (drinking) at the Goyang Branch of the Jung-gu District Court on April 15, 2008, and a fine of KRW 1 million as a crime of violating the Road Traffic Act (drinking) at the Jung-gu District Court on January 10, 2017.
[2] On February 4, 2017, the Defendant: (a) driven a motor vehicle B in the state of alcohol leveling 0.113% from blood alcohol level on the front of the apartment site to peace in the same city of peace; (b) while under the influence of alcohol leveling 0.13% from blood level on the roads of the apartment site to peace in the same city of peace.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating drinking driving;
1. The driver's license ledger;
1. Previous convictions in judgment: Application of second-class Acts and subordinate statutes of inquiry, summary order and summary order;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
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. The community service order under Article 62-2 of the Criminal Act;