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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
[criminal history] On July 18, 2007, the Defendant was sentenced to a fine of KRW 2,50,000 to a fine of KRW 2,00,000 as a crime of violating road traffic law (drinking), a fine of KRW 2,50,000 to a same court on January 30, 209, and a fine of KRW 1,50,000 to a same court on April 15, 2009 due to a crime of violating road traffic law (drinking).
[2] On April 5, 2017, around 01:04, the Defendant driven a CKaman car under the influence of alcohol content of about 0.186% at a distance of about 2 km from the roads near the Dong-dong-gu Dong-dong "MT" located in the Dong-gu Dong-dong, U.S. to the roads in front of the "Yaman Oil Station" located in the same Gu-ro 900 meters.
As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of regulating driving of drinking, notification of the results of regulating driving of drinking, statement of the circumstances of drivers driving of drinking, and report on the driving of drinking;
1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (former and attachment of the summary order);
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. Article 62 (1) of the Criminal Act on the suspended execution;
1. For the reason of sentencing under Article 62-2 of the Criminal Act of the Order of Education and the Order of Community Service, the punishment as ordered shall be determined by taking into consideration all circumstances, such as the concentration of alcohol, the background and distance of drinking driving, the defendant's history of punishment for drinking alcohol, and the degree of punishment;