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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
On December 26, 2007, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Busan District Court on December 26, 2007, and on February 17, 201, the same court issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act.
On October 24, 2018, the Defendant driven CM3 automobiles while under the influence of alcohol concentration of approximately 0.096% in the section of approximately 163 meters and under the influence of alcohol concentration of about 0.096% on the road in front of the 54-gil, Busan East-gu, Busan-do, 107, the CM3 automobiles in front of the 107-ro, Busan-dong, the CM3 automobiles, as the CM3 automobiles were under the influence of alcohol concentration of about 163 meters in front of the “branch of Busan Bank” located in the 98-ro, Busan-dong
Accordingly, the defendant, who violated the prohibition of drinking driving at least twice, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;
1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate 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. Taking into account the following factors: (a) an accident of shocking a parked vehicle during the course of driving alcohol for the reason of sentencing under Article 62(1) of the Criminal Act; (b) there is no record of punishment for drinking after 2011; and (c) there is any reflective behavior against his/her mistake;