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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
On April 25, 2008, the Defendant was sentenced to a summary order of KRW 700,000 to a fine for a crime of violating the Road Traffic Act (drinking driving), from the branch court of the Daegu District Court on September 15, 2010 to a summary order of KRW 1,50,000 to a fine for the same crime on September 15, 201, and on April 20, 201, from the Daegu District Court and the racing support for the same crime, the Defendant was sentenced to a suspended sentence of imprisonment for not less than 6 months for a crime of violating the Road Traffic Act (drinking driving) on more than two occasions.
On January 6, 2016, the Defendant driven B-low-income vehicle under the influence of alcohol with approximately KRW 700 meters alcohol concentration of approximately 0.070% from the 700-meter section to the road prior to the 3rd-dong in the Yellow-si, Yellow-si.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. Report on detection of a case that is suspected to violate traffic laws on roads, notification of the results of crackdown on the driving of alcohol, report on the circumstances of the driver who takes driving, and inquiry into the results of crackdown on driving of alcohol;
1. Previous convictions: (A) a response to inquiries, such as criminal history, (A), a report on investigation (the confirmation of a person who has been punished twice or more due to driving under the influence of a suspect), two copies of a summary order, and a copy of a text of the judgment; and
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. Article 62 (1) of the Criminal Act on the suspended execution;
1. The sentencing of Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of the Order to Attend the Course has been committed by the Defendant without properly recognizing the risk of driving a motor vehicle in the state of drinking, even though the Defendant was sentenced three times to a violation of the Road Traffic Act (driving) and the total of four times a suspended sentence of imprisonment, or one time a suspended sentence of imprisonment was sentenced, and the risk of driving a motor vehicle has not been properly recognized.
The driving of drinking is a serious crime and drinking driving with sentence imposed on the accused.