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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
On August 29, 2012, the Defendant was sentenced to a summary order of a fine of KRW 5 million for a violation of the Road Traffic Act, and a suspended sentence of one year for a violation of the Road Traffic Act in the same court on April 11, 2013.
Although the Defendant had been punished for drunk driving twice or more as above, around November 18, 2018, around 21:57, the Defendant driven Ccopic vehicle under the influence of alcohol with approximately 0.093% of alcohol content from the 6km section from the front side of the king-si, Sinung-si, Gyeonggi-do to the front road of the same city.
Summary of Evidence
1. Defendant's legal statement;
1. Data pertaining to the results of the crackdown on drinking driving, and the report on the actual state of drinking drivers;
1. Previous convictions indicated in judgment: Criminal records and other inquiries, and application of Acts and subordinate statutes to investigation reports (verification of punishment records for driving under the same kind of suspect);
1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Consideration of imprisonment and consideration of many persons of the same kind of power, etc.);
1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., the reflection, blood alcohol concentration, the main state at the time of detection, and the sale of vehicles after committing an offense, and the prevention of recidivism);
1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);
1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;