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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
The Defendant issued a summary order of KRW 5 million at the Changwon District Court on August 21, 2008 for a violation of the Road Traffic Act and a violation of the Road Traffic Act (unlicensed Driving), and on October 1, 2015, the Defendant issued a summary order of KRW 7 million for a violation of the Road Traffic Act (toxicated Driving) and a violation of the Road Traffic Act (unlicensed Driving) at the same court on October 1, 2015, and issued a summary order of KRW 7 million for the same kind of crime.
On July 5, 2017, the Defendant driven a motor vehicle under the influence of alcohol not less than twice as above, and driven a motor vehicle with B low alcohol content of about 0.147% in front of the information high school located in the same city-dong from the Do in front of the horizontal-dong in Jin-si, Jin-si, Jin-si, Jin-si, Seoul, to the information high school located in the same city-dong from around 400 meters.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the result of drinking control;
1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);
1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes to investigation reports (Attachment to the same type of criminal records);
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. Protective observation and community service order under Article 62-2 of the Criminal Act;