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A defendant shall be punished by imprisonment for one year.
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 Records of Crimes】 On July 9, 2008, the Defendant received a summary order of fine of KRW 700,000,000 from the Daegu District Court to the same crime as a crime of violating road traffic laws (drinking) at the Seo-gu District Court Branch of the Daegu District Court on February 8, 201.
【Criminal facts” around March 30, 2017, around 21:45, the Defendant driven a B-to-pur motor vehicle with approximately KRW 700 meters alcohol concentration at approximately 0.152% in alcohol level before the road in front of the “gold Chang Industry,” located in the Seo-gu Seoul Special Metropolitan City, Seo-gu Seoul Special Metropolitan City, while under the influence of alcohol content at approximately 0.152% until the road in front of the “gold Chang Industrial,” located in 98 in the same Gu.
Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.
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 written inquiries about criminal history and other Acts and subordinate statutes;
1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;
1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act (see, e., Supreme Court Decisions 201Do1111);
1. Order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;