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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
[criminal history] On August 10, 201, the Defendant was sentenced to a fine of two million won for a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court on August 10, 201, and a suspended sentence of six months for a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court on November 9, 201.
[2] On May 22, 2018, the Defendant driven a Clearning car under the influence of alcohol concentration of about 0.230% from a 300-meter section from the public parking lot of about 59, Jung-gu, Incheon, Jung-gu, Incheon, to the 2nd roads of about 300 meters from the public parking lot of about 31, 59, the same Gu, and from the 2nd roads of the same Gu.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. Statement of the circumstances of the driver involved in driving;
1. Previous convictions in judgment: Inquiry about criminal history and application of investigation reports (verification of the history of driving under drinking twice) Acts and subordinate statutes;
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Article 53 and Article 55 (1) 3 of the Criminal Act ( normal consideration of the fact that he/she reflects on his/her gender, etc.);
1. Article 62(1) of the Criminal Act on the suspension of execution (the foregoing circumstances shall be considered);
1. Protective observation and community service order under Article 62-2 of the Criminal Act;