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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
"2016 Highest 582"
1. On June 19, 2008, the Defendant was sentenced to a fine of one million won as a crime of violating the Road Traffic Act by a common military court of an association of 50 on June 19, 2008, and a fine of five million won as a crime of violating the Road Traffic Act by a Incheon District Court on November 14, 2013.
Although the Defendant had had a history of driving alcohol twice or more as above, on January 12, 2016, the Defendant driven a creck vehicle with alcohol concentration of 0.148% under the influence of alcohol during blood at around 06:09, and proceeded with a section of approximately 50 meters from the front day of the cultural distance nife nife in the Bupyeong-gu Incheon Bupyeong-gu to the front day of the bank located in 16 (Influence-dong) under the influence of alcohol concentration of 0.148%.
"2017 Highest 6234"
2. On June 19, 2008, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act by a common military court of the 50 association of the Army Army on June 19, 2008, and was in violation of Article 44(1) of the Road Traffic Act on two or more occasions by driving alcohol as stated in paragraph (1).
Nevertheless, on April 27, 2016, the Defendant driven a C Track 2.0D car at C Hack 2.0D on April 27, 2016, while under the influence of alcohol concentration of 0.153% in blood without obtaining a driver's license, the Defendant proceeded with a section of approximately 200 meters in front of the road of the Incheon Bupyeong-gu, Incheon Bupyeong-gu, the 49 "Hack Park Ho" road to the 150-gu funeral road of the Incheon Bupyeong-gu.
Summary of Evidence
"2016 Highest 582"
1. Statement of the defendant in the first trial record;
1. Written statements of D;
1. Statement of the circumstances of the driver involved in driving;
1. Inquiries about the results of crackdown on drinking driving;
1. The driver's license ledger;
1. Previous convictions: References to inquiries, investigation reports (Attachment to the previous convictions of the same type), and copies of the summary order bound thereto "6234";
1. The defendant's legal statement (the nine public trial date);
1. Statement of the circumstances of the driver in charge; and