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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
[criminal history] On March 10, 2003, the Defendant was sentenced to a summary order of a fine of two million won for a crime of violating road traffic law in the support of the Seoul Northern District Court on March 10, 2003, and on October 21, 2013, the Defendant was sentenced to a fine of six million won for a crime of violating road traffic law (drinking) at the Seoul Northern District Court.
[2] On September 7, 2017, the Defendant driven Bk three motor vehicles under the influence of alcohol content of approximately 0.20% from the 15m section of alcohol during blood to the 7-4rd road of approximately 161m in the same city, from the front side of the 34-hyp apartment, Gyeongyang-si, Gyeongyang-si, Gyeongyang-si, 1350, a 161-hyp, to the same city.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of survey on actual conditions, on-site photographs, and crackdown on drinking driving;
1. Previous conviction: Application of a reply to inquiry, such as criminal history, a criminal investigation report (Attachment to the previous one and a copy of the summary order), a copy of the summary order, to two Acts and subordinate statutes;
1. The provision of Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act and the selection of punishment for a crime under the relevant Act;
1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act for Reduction of Small Quantity (the penal provisions of this case punishs more than 0.2% of alcohol while blood. The punishment provisions of this case punishs more than 0.2% of alcohol during blood. At the time of this case, the degree of alcohol concentration does not exceed 0.2%, which is about 0.2% and is about 0.2% of alcohol, the distance of drinking driving is about 15 meters, the situation where the crime of this case appears to be against the punishment of this case, and the fact that there are no criminal records exceeding fine even though they have the same power
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, is driving before and after drinking alcohol.
However, the punishment law of this case is a provision that punishs more than 0.2% of alcohol content in blood. At the time of this case, the alcohol content in blood does not exceed 0.2% and 0.2%, the distance of drinking driving is only about 15 meters, the appearance of reflecting the crime of this case is shown, and there is no previous conviction exceeding one fine.