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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 two years from the date of the final judgment.
Reasons
Punishment of the crime
[criminal power] On November 16, 2007, the Defendant was sentenced to a fine of KRW 2,500,000 as a crime of violation of the Road Traffic Act and a violation of the Road Traffic Act (unlicensed Driving) at the Suwon District Court on November 16, 2007, and a fine of KRW 2,50,000 as a crime of violation of the Road Traffic Act at the Gangseo Branch Branch of the Chuncheon District Court on December 3, 2015.
【Criminal Facts】
As above, the Defendant, who violated Article 44(1) of the Road Traffic Act more than twice, driven a D food car at a section of about 2 km from the road near C in the city-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong (hereinafter “AF”) in a state of alcohol influence around 14:20 on June 18, 201, when he was under the influence of alcohol level 0.069%.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control results of drinking-driving, report on the circumstances of drinking-driving drivers, and investigation report (report on the circumstances of drinking-driving drivers);
1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (previous records, etc. and confirmations)-related Acts and subordinate statutes;
1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) applicable to the crime;
1. Article 62 (1) of the Criminal Act;
1. Probation and community service order under Article 62-2 of the Criminal Act;