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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
On October 5, 2012, the Defendant was issued a summary order of KRW 4 million with a fine of KRW 4 million due to a violation of road traffic laws (drinking driving), and a fine of KRW 2.5 million with a fine of KRW 3 million at the Seoul Central District Court on March 30, 2010.
On March 19, 2018, the Defendant driven Csch Rexton car under the influence of alcohol content of about 0.059% in a section of about 200 meters from the street in front of the 2nd commercial building in the Dong-dong, Do-si, the Government of the Republic of Korea from the street in front of the 2nd commercial building in the same city to the road in front of the house.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on drinking driving;
1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same type of force, etc.);
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. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant has been punished several times for the same crime even before the suspension of execution.
However, the fact that the alcohol concentration in blood is 0.059% and the control standard is several times, and that the detention of the defendant for the defendant is likely to cause difficulties to his family members, considering the favorable circumstances.
In full view of the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal records, the punishment as ordered shall be determined.