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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
Criminal facts
[criminal history] On October 8, 2009, the Defendant was issued a summary order of KRW 1,50,000 for a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act (drinking driving) in the support of the Suwon Flag method, and on November 22, 2017, the Defendant was issued a summary order of KRW 4 million for the same crime from the Suwon Flag method Board.
[Criminal facts]
1. On December 8, 2017, the Defendant: (a) was under the influence of alcohol at least 0.063% in blood without a driver’s license on two or more occasions due to driving of a motor vehicle, and (b) was under the influence of alcohol at least 0.063% in the blood, and (c) was under the influence of alcohol at the speed of 10-10-day in the direction of the Jinan-si located at the flood level below the water level to the road of 10-day, the Defendant was under the influence of alcohol at least two times due to driving of a motor vehicle.
2. The Defendant, while driving the foregoing vehicle under the influence of alcohol at the time, at the time, at the places specified in paragraph 1, was at the victim D (the remaining and the age of 36) who was behind the Defendant’s vehicle under the influence of alcohol and the Defendant, was informed of the driving of drinking, and was in doubt of the 112 report defect, and the victim was in a situation where the victim was under the control of driving the vehicle with the Defendant’s body and the vehicle hand, but the victim was under the control of driving the vehicle at approximately 70-10 meters on the front side of the driver’s seat of the above vehicle, and was under the influence of driving the vehicle in a dangerous article for about two weeks.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements of D;
1. Notification of the results of regulating the driving of alcohol and the driver's license register;
1. A medical certificate;
1. Previous conviction: Application of a reply to inquiry, such as criminal history, and a report on investigation (Attachment to the previous summary order) by Acts and subordinate statutes;
1. Article 152 Subparag. 1 and Article 43 of the Road Traffic Act (non-licensed driving) concerning criminal facts; Article 148-2 Subparag. 1 and Article 44(1) of the Road Traffic Act (a) of the same Act; Article 258-2(1) and Article 257 of the Criminal Act concerning criminal facts.