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A defendant shall be punished by imprisonment for not more than ten 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
[Power of crime] On October 29, 2007, the Defendant was issued a summary order of KRW 500,000 as a crime of violating the Road Traffic Act in the Dong Branch of the Busan District Court (Drinking) and a summary order of KRW 1 million as a fine for the same crime from September 29, 2009 to the same support.
[Criminal facts] On August 21, 2018, around 17:30, the Defendant driven B’s slot car under the influence of alcohol leveling 0.161% of alcohol level from a section of about 5 km from the 1171 Dominian to the road in front of the store of the Dominianian, Busan, Dong-dong, Busan, to the center of the 1171 Dominian.
Ultimately, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle under the influence of alcohol by violating it again.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. C’s statement;
1. Photographs;
1. Written estimate;
1. Investigative into the results of the traffic accident report (1), (2), traffic accident statement, the statement of the situation of the driver in charge of driving, the report on detection of the driver in charge of driving, and the check of the results of
1. Previous convictions in judgment: The application of an inquiry letter, such as criminal history, and an investigation report (two times the drinking record);
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense;
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 (see, e.g., Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2006Da
1. Article 62(1) of the Criminal Act of the suspended execution (the following factors are stated as the grounds for sentencing, etc.)
1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant drives drinking repeatedly, and it is necessary to take strict measures against the defendant in view of the fact that the blood alcohol concentration level at the time of the crime of this case is high. However, the defendant confessions all the crimes and repents his mistake in depth, and the crime of this case is committed after being punished for drinking in 2009.