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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 September 30, 2008, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the Gunsan Branch of the Jeonju District Court on September 30, 2008, and a summary order of KRW 1 million for the same crime at the same court on August 27, 2009.
On May 8, 2018, the Defendant: (a) driven a compliance strawing vehicle around C in the vicinity of the former Gunsan-si B while under the influence of alcohol content of 0.110% during blood transfusion on May 8, 2018.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the occurrence of a traffic accident, report on the state of the driver who takes the driving, investigation report (report on the state of the driver who takes the driving), and report on the results of regulating drinking driving;
1. A previous conviction in judgment: A reply to inquiry, such as criminal history, investigation report (verification of criminal history of the same type - attachment of a summary order) - Application of two Acts and subordinate statutes of the 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. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant again committed the crime of this case even though he had the same criminal history, and that the accident caused by drinking driving is disadvantageous circumstances, or that the defendant's mistake is divided, is favorable circumstances.
In full view of these circumstances and the defendant's age, sex, environment, motive, means and result of the crime, the sentencing conditions as shown in the pleadings shall be determined as ordered.