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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 February 25, 2008, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Changwon District Court on February 25, 2008, a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Busan District Court on December 31, 2008, and a summary order of KRW 7 million for a crime of violating the Road Traffic Act at the Changwon District Court on January 10, 2014, respectively.
On November 10, 2017, at around 23:05, the Defendant driven Bho-do car with approximately 1.5m alcohol concentration at approximately 0.140% in the section of approximately 1.5m, while under the influence of alcohol, from the road near the cafeteria of the Kingdom of Seas, which is located in the Dom of Eup, Seowon-si, Changwon-si, Busan, to the road in front of the “Seoul High School” located in the Eup, Seowon-si, Seowon-si, Seowon-si.
Accordingly, the Defendant, who violated the prohibition on drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.
Summary of Evidence
1. Statement by the defendant in court;
1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the previous summary order);
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Articles 53 and 55 (1) 3 (Confession and reflect) of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing Article 62-2 of the Criminal Act is that the defendant has a record of criminal punishment for the same crime.
Provided, That the punishment shall be determined as ordered in consideration of the fact that the defendant's mistake and reflects, the fact that there is no serious criminal history exceeding the fine, the age, family relationship, circumstances after the crime, etc.