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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
[criminal history] On March 14, 2011, the Defendant was sentenced to a fine of two million won for a crime of violating the Road Traffic Act (driving) at the Changwon District Court on March 14, 201, and on October 4, 2011, the Defendant was sentenced to a fine of four million won for the same crime and was sentenced to a fine of four million won or more for drinking.
[Criminal facts]
1. On September 27, 2016, Defendant 2016, Defendant 6230 driven BM3 automobiles with approximately KRW 300 meters up to 125 m3m in the same city-style 125 street at an influent place under the influence of alcohol content of around 07:10 on September 27, 2016.
2. The Defendant 2017 Highest 8 was a person who had the aforementioned two or more times of drinking driving skills, and appears to be erroneous in the written indictment on December 4, 2016, “ December 14, 2016.” The Defendant did not interfere with the Defendant’s exercise of right to defense, and thus ex officio recognized as above.
Around 15:50, a vehicle BM3 is driven while under the influence of alcohol concentration of approximately 0.110% from the front of a cafeteria to the front road of the same city at the same time.
Summary of Evidence
[2016 Highest 6230]
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 driving;
1. Statement by the defendant in court;
1. He/she shall make a statement on the circumstances of a driver driving, and inquire about the results of crackdown on drinking driving;
1. Previous convictions in judgment: Application of an inquiry letter, investigation report, and summary order-making statute, such as criminal history;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense under the relevant provisions of the Act (or selection of imprisonment);
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
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. Reasons for sentencing under Article 62-2 of the Criminal Act - Unfavorable circumstances: Defendant was under the influence of alcohol content 0.117% in blood on September 27, 2016 even though he/she had been punished several times for a traffic-related crime.