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A defendant shall be punished by imprisonment for not less than eight months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal power] On July 13, 2009, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act in the Daegu District Court racing support. On July 8, 2013, the Defendant was issued a summary order of KRW 4 million for the same crime from the same support to the same crime.
【Criminal Facts】
On August 18, 2018, at around 21:35, the Defendant driven a rocketing car with approximately 200 meters alcohol concentration of 0.205% while under the influence of alcohol on the section of approximately 200 meters from the front of the building B to the front road located in the Gyeong-si.
As a result, the Defendant again driven a motor vehicle while under the influence of alcohol in violation of the Road Traffic Act prohibition provisions.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the result of the drinking driving control;
1. A written report from an employee of an employer;
1. An inquiry report, such as a criminal history;
1. Investigation report (verification of the record of driving the same kind of motor vehicle) - Application of each one of the summary order shall apply;
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. The suspended sentence under Article 62(1) of the Criminal Act and all the conditions of sentencing indicated in the records, such as the defendant’s age, character and conduct, environment, circumstances before and after the commission of the crime, circumstances before and after the commission of the crime, etc., shall be determined as ordered.
Unfavorable circumstances: the same kind of crime is repeated.
The blood alcohol concentration of the instant case is high.
The favorable circumstances: confession and reflect.
The same power has occurred relatively long ago.