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A defendant shall be punished by imprisonment for six 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 May 20, 2010, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at regular Eup support of the Jeonju District Court on May 20, 2010, and a summary order of KRW 4 million for the same crime at the same court on November 20, 2015.
[2] On June 10, 2018, the Defendant driven DK5 vehicles under the influence of alcohol with approximately 0.298% alcohol concentration from approximately 3km section from around 498-8 J J to the front road of Cental located in the same city and located in the same city.
As a result, the defendant was driving under the influence of alcohol, even though he violated the prohibition on driving more than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the situation of driving at home (in relation to the request for blood measurement);
1. A report on internal investigation (the details of the exposure and the reasons for delaying the time for collecting blood);
1. Relevant photographs;
1. Notification of the 112 Incident Report;
1. Consent to blood collection and written confirmation;
1. Notification of the results of regulating driving of drinking alcohol (request for collection of blood);
1. Investigation report (report on the situation of the driver in charge); and
1. A request for appraisal;
1. Requests for blood appraisal (driving at the regular Eup/Myeon police station);
1. Response to a request for appraisal;
1. Notification of the results of regulating driving of drinking alcohol (blood collection result);
1. Previous convictions in judgment: (A) a reply to inquiry, such as criminal history, a report on investigation (a) a criminal investigation (the same criminal record, etc. of the suspect), the list of relevant cases, and the application of statutes
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 sentencing under Article 62-2 of the Criminal Act, including the record of the crime indicated in the judgment, is that the Defendant was punished for driving three times or more or under the influence of alcohol, but the Defendant was under the influence of alcohol, and there is a need to prevent re-offending by means of strict punishment, rather than under the influence of alcohol.
However, the crime of this case is committed.