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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
On November 27, 2015, the Defendant was sentenced to a fine of three million won due to a violation of the Road Traffic Act (drinking driving) at the District Court of Jung-gu on November 27, 2015, and a fine of three million won due to a violation of the Road Traffic Act (dacting driving) at the same court on July 11, 2016, and was sentenced to two or more times under the influence of alcohol.
On March 4, 2017, at around 00:35, the Defendant driven B in the state of alcohol concentration of about 0.084% while under the influence of alcohol level 0.084% at around the same time, from around 89, Dongbcheon-ro, Dongbcheon-ro, the front road of the relevant main apartment.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on drinking driving;
1. The driver's license ledger;
1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
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. The community service order under Article 62-2 of the Criminal Act;