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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
On October 2, 2007, the Defendant was punished by a fine of KRW 3 million due to a violation of traffic laws (drinking driving), etc. at the Daegu District Court on the road on October 2, 2007, and on January 28, 2010, the Defendant was punished by a fine of KRW 2 million due to a violation of traffic laws (drinking driving) at the same court on the road at least two occasions.
On October 26, 2017, around 16:29, the Defendant driven a Cpoter air conditioning tower with approximately 2 km up to 0.277% alcohol concentration in blood, on the front of a restaurant where the trade name in front of the Daegu University, Daegu, Daegu, Daegu, cannot be known, via a road construction site in front of 417-2 of the same Eup/Myeon, at the same Eup/Myeon-ro 74 kilometers, following the construction site in front of the same Eup/Myeon-ro.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. A survey report on actual conditions;
1. Statement of the circumstances of the driver involved in driving;
1. Written inquiry about criminal history, etc.;
1. Application of Acts and subordinate statutes to a report of investigation (former and conclusive);
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. 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 sentence identical to the order shall be determined by comprehensively taking into account the following circumstances under the grounds for sentencing under Article 62-2(1) of the Criminal Act and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime.
-3 times the history of punishment for the violation of road traffic laws (driving), - the recognition and reflect of the crime, and the non-driving of drinking again;