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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
[criminal history] On June 20, 2008, the Defendant was issued a summary order of KRW 1,50,000,000 as a fine for a crime of violating the Road Traffic Act (drinking on drinking), and a summary order of KRW 2,50,00,000 as a fine for the same crime from the Suwon Flag Flag on March 10, 205, respectively.
[2] On December 2, 2016, the Defendant driven a e-learning car under the influence of alcohol content of approximately 0.135% from the 10km section to the front road of the motor vehicle agency, as a flag located in the Kug-gu Seoul Metropolitan City, Sung-si, Gi-si, Gi-si, Gi-si, Gi-si, Gi-si, Gi-si, Gi-si, Gi-si.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of driving a drinking and inquiry about the results of crackdown on drinking driving;
1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution - The Defendant has already been punished several times due to drinking driving. - The Defendant has continuously committed the instant crime for a short period of time after having been sentenced to a fine due to drinking driving in 2015. The favorable circumstances - the Defendant recognized all the facts of the instant crime. - The Defendant disposed of the motor vehicle used in the instant crime. - There is no past record of having been sentenced to the suspension of qualification or heavier punishment.