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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
Punishment of the crime
On March 25, 2014, the Defendant received a summary order of a fine of KRW 3 million for a violation of road traffic law (driving in drinking), and on September 27, 2016, the Defendant was subject to a summary order of KRW 2 million for the same crime in the same court on September 27, 2016, and was under the influence of alcohol of KRW 0.131% in alcohol during blood, around April 13, 2018, while under the influence of alcohol of KRW 0.131% in the influence of alcohol during blood, from the roads in front of the 1856-4, the Defendant driven a sports cargo vehicle at approximately KRW 50 meters in the direction of the Sinsi-dong from the roads in front of the 1856-4.
Summary of Evidence
1. Statement by the defendant in court;
1. Drinking result;
1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal records as the suspect);
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense (or choice 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. It is so decided as per Disposition on the grounds that protection, observation and lecture order or community service order under Article 62-2 of the Criminal Act is higher than that of the accused. (Consideration of the accused’s previous conviction, alcohol concentration level during blood transfusion, drinking driving background and distance, etc.)