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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
On March 9, 2007, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Daegu District Court, and a summary order of KRW 4 million for a crime of violating the Road Traffic Act at the port branch of the Daegu District Court on September 15, 201.
On July 23:20, 2018, the Defendant driven B non-motor vehicle under the influence of alcohol content of approximately 0.235% in approximately 200 meters from the front of the apartment complex, to the front of the Mexico Kink Kin Kink cafeteria, located in the same Ri, at the time of influence.
Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Previous conviction in judgment: Application of a reply to inquiry, and a copy of each 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 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. In full view of the criminal records of the Defendant for the reason of sentencing under Article 62-2 of the Social Service Order Act, the degree of the Defendant’s blood alcohol concentration at the time of driving of the instant case, the circumstances leading up to the control of the instant crime, the Defendant’s reflectivity after committing the instant crime, and various sentencing conditions as indicated in the records and arguments on changes, such as the record and observation of protection and community service order.
It is so decided as per Disposition for the above reasons.