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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 April 10, 2013, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the Gunsan Branch of the Jeonju District Court on April 10, 2013, and KRW 4 million for the same crime at the same court on February 17, 2015.
Although the Defendant had been punished for drinking two or more times, on August 6, 2018, the Defendant driven B rocketing vehicles under the influence of alcohol content of about 0.149% from the 5km section to the front roads of collection of cattle in the same military from the 18:40 U.S. To the front roads of the Republic of Korea, the U.S. Don-gun of the U.S., U.S. on August 6, 2018.
Summary of Evidence
1. Statement by the defendant in court;
1. The actual investigation report on traffic accidents;
1. An accident scene photograph;
1. Notification of the results of regulating drinking driving;
1. Statement of the circumstances of the driver involved in driving;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);
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. The reason for the sentencing of Article 62-2 of the Criminal Act, i.e., the Defendant, with respect to the observation of protection and the provision of community service and the provision of an order to attend a lecture, had the record of being punished twice or more due to drinking driving, was the same as drinking driving, which led to traffic accidents.
However, the sentence shall be determined as ordered by comprehensively taking into account the following circumstances, such as the fact that the defendant is against the defendant, the fact that there is no record of crime exceeding the fine, the age, drinking volume, the circumstances and result of the crime, and the situation after the crime.