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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On May 16, 2008, the Defendant issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act, and a fine of KRW 4 million as a same crime in the same court on May 21, 2012, respectively.
On October 1, 2017, the Defendant driven Bone Star Co., Ltd. with approximately 300 meters alcohol concentration of about 0.17% from the 300 meters section of alcohol level from the 300-meter side to the Rayki-Eup in lightyang-si, and the 1-lane 2-ro, the Mayki-si, the U.S. (U.S.) in light of lightyang-si around 02:35, 2017.
As a result, the Defendant was a person who had a driving force under drinking not less than twice, and was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;
1. A photograph description;
1. Previous convictions: Application of a reply to inquiry, such as criminal history, report-based previous convictions and results of confirmation;
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 main sentence of Article 62 (1) of the Criminal Act;
1. The sentencing of Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of the Defendant for reasons of sentencing, such as the fact that there are two times a criminal record of driving alcohol, the Defendant’s reflects the crime, the driving distance of drinking is relatively short, and other favorable circumstances, such as the Defendant’s age, family environment, the period between the Defendant’s previous conviction and the instant crime, the interval between the Defendant’s blood alcohol level at the time of the crime, and the circumstances after the crime, etc., shall be determined as indicated in the disposition.