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A defendant shall be punished by imprisonment for not more than ten 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 September 10, 2009, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Goyang Branch of the Jung-gu District Court on September 10, 2009, and on March 18, 201, a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Central District Court on March 18, 201.
[Criminal facts] On October 21, 2016, the Defendant driven a B-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed Led-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed
As a result, the Defendant once driven a motor vehicle under the influence of alcohol, even though he had a history of driving two or more times.
Summary of Evidence
1. Statement by the defendant in court;
1. Each previous offense indicated in the principal driver's circumstantial report;
1. Written inquiry and reply;
1. Application of Acts and subordinate statutes to investigation reports and summary orders;
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) 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. Sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of and Order to Attend Courses;
1. Six months of imprisonment and one year and six months of imprisonment within the scope of punishment by law; and
2. It is a crime for which the sentencing criteria are not applied small and the sentencing criteria are not set.
3. The period of a stay of execution of two years for ten months after the sentence is sentenced (the circumstances of the crime and the number of drinking, previous convictions including the previous convictions in the judgment, age, sex, etc. of the accused);