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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal history] On December 1, 2006, the Defendant was issued a summary order of a fine of three million won for a crime of violating road traffic laws at the Seoul Eastern District Court on December 1, 2006, and on August 12, 2010, the Defendant was sentenced to a suspended sentence of two years for imprisonment with prison labor for the same crime, etc.
[2] On January 12, 2017, the Defendant driven C vehicle at a section of about 30 meters prior to the competent road of the Regional Labor Branch Office of Tong Young-gu, which is located in the same Ri from the influence of the opic blag of the opic blag of the 0.253% under the influence of alcohol during blood around 00:25 on January 12, 2017
Summary of Evidence
1. Statement by the defendant in court;
1. A circumstantial report on the driver of the primary driver, a written consent to blood collection, a written appraisal of alcohol in blood, or a report on the detection of the driver of the primary driver;
1. Previous convictions in judgment: Application of inquiry letter, investigation report (suspects, previous convictions and confirmations) and Acts and subordinate statutes, such as criminal history;
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 reason for sentencing under Article 62-2 of the Criminal Act, even though the defendant had been sentenced to a fine four times due to the crime of driving under the same kind of alcohol since 2003 and a suspended sentence of imprisonment, the defendant committed the crime in this case at the same time, and the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, etc. shall be comprehensively considered, and the punishment as ordered by Article 51 of the Criminal Act shall be determined.