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A defendant shall be punished by imprisonment with prison labor for up to six 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 July 7, 2008, the Defendant was sentenced to a fine of one million won for a violation of road traffic law (driving), a fine of one million won for the same crime at the Incheon District Court on December 30, 2009, and a fine of seven million won or more for the same crime at the Suwon District Court on September 5, 2012.
On March 9, 2018, the Defendant driven BK7 car at approximately 100 meters from the new middle school, located in the innovation city, from the new cafeteria in the same cafeteria to the new middle school, which is located in the same 255 mix, while under the influence of alcohol concentration of 0.120% among the blood transfusion around 22:20%.
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. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);
1. Previous convictions in judgment: Application of a reply to inquiry about criminal history, investigation report (Attachment to a summary order of the same kind of power);
1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;
1. Selection of imprisonment with prison labor chosen;
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 conditions indicated in the records, such as the observation of protection, the community service order and the order to attend a lecture, the fact that the defendant was punished for the same crime, the fact that the defendant's blood alcohol concentration is high, the defendant's reflects himself, the fact that the defendant has no criminal record exceeding the fine, and the defendant's age, sexual behavior, environment, motive and circumstances after the crime, etc., shall be determined as the same as the order of the punishment in consideration of the sentencing conditions indicated in the records;