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1. The defendant shall be punished by imprisonment for eight months;
2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;
3.
Reasons
Punishment of the crime
On December 2, 2011, the Defendant was issued a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act at the Seoul Central District Court, and KRW 1.5 million as a fine at the Seoul Northern District Court on May 2, 2014, respectively.
On December 1, 2017, the Defendant driven Bschton car under the influence of alcohol content of about 0.065% in blood at approximately 4 kilometers from the front end of the 20:55 Gambroon to the front end of the application 5 Gamsan located in the Mambro-Ma, Young-gun.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of driving under the liquor:
1. Report on the result of regulating drinking driving;
1. Previous convictions: Application of replys, such as inquiries about criminal history, investigation reports (verification of the same criminal records, etc. as the suspect);
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. The reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Community Service and Order to Attend, even though the Defendant had been punished twice in the past, committed the instant crime again in the past, taking into account the Defendant’s age, sexual behavior, environment, motive and circumstances after committing the instant crime, etc., and the sentencing conditions indicated in the records, such as the Defendant’s age, sexual behavior, and environment, and the motive and circumstances after committing the instant crime, shall be determined as ordered.