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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
On July 30, 2014, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) from the Seoul Eastern District Court, and on June 23, 2016, the Defendant received a summary order of KRW 5 million as a crime of violating the Road Traffic Act (drinking driving) from the Seoul Western District Court.
On July 20, 2018, around 09:00, the Defendant driven Dworka car under the influence of alcohol concentration of about 0.122% from the 700-meter section to the front road from the 17-lane dong point in the Han-gu Seoul Dongdaemun-gu, Dongdaemun-gu, the head of Dongdaemun-gu, to the 17-lane 9-gil.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of a driver who takes the drinking and record of the measurement of drinking alcohol;
1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on investigation (verification of the same record as the suspect), and application of each summary order Act and subordinate statutes;
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
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. An order to attend a lecture or an order to attend a community service order under Article 62-2 of the Criminal Act, despite the past record of being punished twice due to drinking alcohol for the reason of sentencing, again leads to the instant crime; the risk of subsequent accidents was high due to a locking in the signal atmosphere; there is no criminal punishment exceeding a fine; the wife and minor children are raised; the two children are brought up; the vehicle will not be driven after selling the vehicle;
such as anti-state, etc., consideration