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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On February 5, 2007, the Defendant was issued a summary order of one million won or more for a crime of violating the Road Traffic Act at the Daegu District Court, and a summary order of 2.5 million won or more for the same crime at the same court on January 12, 2010.
On January 28, 2017, around 22:15, the Defendant driven a clater under the influence of alcohol content of about 0.113% from the 3km section from the 3km section of blood to the 8rd road of the same 5-gil-dong, Nam-gu, Daegu-si, Daegu-si.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;
1. Previous conviction: Application of Acts and subordinate statutes, such as a reply to inquiry, investigation report, and copy of the judgment, such as criminal history;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense (or choice 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 Code of the Order to Attend a lecture is the frequency and time when the defendant was punished for the same kind of crime, the numerical value of alcohol concentration in blood at the time of driving the drinking of this case, the defendant's vehicle parked and thus the risk of driving drinking is realized, taking into account the defendant's age, sex, intelligence and environment, motive, means and consequence of the crime, and other various reasons for sentencing as shown in the argument of this case, such as the circumstances after the crime, etc., and determine the sentence as ordered.