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A defendant shall be punished by imprisonment with prison labor 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
[criminal history] The Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the early branch of the Chuncheon District Court on May 12, 2010. On July 15, 2015, the same court was sentenced to a suspended sentence of two years for the same crime and was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act (driving) on two or more occasions.
[Criminal facts] On May 12, 2018, the Defendant driven a F rocketing car under the influence of alcohol content of about 700 meters from around 00:35 to around the same city D and E gas station. From around 700 meters to the road in front of the gas station, the Defendant driven a F rocketing car under the influence of alcohol content of about 0.097%.
Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of driving a drinking and notification of the results of regulating drinking driving;
1. Previous convictions in judgment: Application of inquiry statements, investigation reporting statutes, such as criminal history;
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 defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, under the grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act, shall be determined by comprehensively taking into account the following circumstances:
- There are several records of punishment for the same crime, provided that the driving of the drinking of this case does not cause other traffic accidents due to the driving of the drinking of this case. - The defendant is against his mistake.