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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 2, 2009, the Defendant was sentenced to a summary order of a fine of two million won for a crime of violating road traffic laws at the Seoul Southern District Court on February 2, 2009, and on July 3, 2013, the Defendant was sentenced to a suspended sentence of two years for a crime of violating road traffic laws at the Incheon District Court Branch Branch of Incheon District Court on July 3, 2013.
On December 31, 2015, at around 14:31, 2015, the Defendant driven BM3 car in the state of alcohol leveling 0.174% from the 17km section of blood alcohol level from the 17km-si, Kimpo-si, Kimpo-si to the front road of Kimpo-si.
Accordingly, the Defendant, who violated the prohibition of driving at least twice under the influence of alcohol, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Statement by the defendant in court;
1. Detailed statement of the circumstances of the driver in charge of driving and the notification of the results of regulating drinking driving;
1. Previous convictions in judgment: Application of each of the Acts and subordinate statutes described in a reply to inquiry, such as criminal history, and a report of investigation (related to the same type of force);
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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (Considerations for the following favorable circumstances, etc.):
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Orders to Provide community service and attend lectures: The defendant is not aware of himself/herself even though he/she had been punished for a crime related to drinking on several occasions and leads to the crime of this case. In addition, considering the circumstances under Article 51 of the Criminal Act, such as the degree of his/her principal operation at the time of this case, the punishment shall be determined as ordered by taking into account the circumstances under Article 51 of the Criminal Act, such as