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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
On April 3, 2007, the Defendant was sentenced to eight months of imprisonment for a violation of road traffic laws (drinking driving) in the early branch of the Chuncheon District Court on April 3, 2007. On November 5, 2014, the Defendant was sentenced to a fine of three million won due to a violation of road traffic laws (drinking driving) in the early branch of the Chuncheon District Court.
On March 28, 2018, the Defendant driven the Egregnish knife of approximately 5 meters, while under the influence of alcohol concentration of 0.298% in blood at the front of the D frequency c, located in the window C of Changwon-si, Changwon-si, around March 28, 2018.
Summary of Evidence
1. Statement by the defendant in court;
1. A written appraisal of alcohol during blood;
1. Previous convictions in judgment: Application of a reply to inquiry, text of judgment, copy of summary order, such as criminal history, etc.;
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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. Article 62 (1) of the Criminal Act (wholly considering the favorable circumstances) of the suspended execution;
1. The reason for sentencing under Article 62-2(1) of the Criminal Act regarding the order to attend a lecture is that the defendant is able to repent and reflect his mistake in depth, and there are some circumstances that may be somewhat taken into account the motive and circumstances leading to the instant crime.
On the other hand, the defendant has been punished for driving alcohol even before, and is disadvantageous to the defendant.
In addition, the various conditions of sentencing, such as the circumstances after the crime, the defendant's age, sexual conduct, intelligence, and environment, including operational distance, were determined in the same manner as the order.