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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On June 8, 2007, the Defendant was sentenced to a summary order of a fine of two million won for a violation of the Road Traffic Act in the Suwon District Court's Ansan Branch, and on July 10, 2008, the Defendant was sentenced to a suspended sentence of two years for a period of six months with imprisonment for the same crime in the site of Suwon District Court.
Even if the Defendant had been punished twice or more due to drunk driving, on November 17, 2018, at around 15:40, the Defendant driven Fpoter II 1t truck under the influence of alcohol with approximately 0.283% of alcohol alcohol level 0.283% from the front road of the Cpoter in Kimcheon-si, Kimcheon-si, to the front road of the Cpoter in the same city D.
Summary of Evidence
1. Defendant's legal statement;
1. Inquiries into the circumstantial statements of a drinking driver, and the results of crackdown on drinking driving;
1. Requests for appraisal;
1. Investigation report (to hear statements of witnesses);
1. Previous records: Application of inquiries, such as criminal records, and investigation reports (report on the confirmation of the same kind of force)-related Acts and subordinate statutes;
1. Relevant legal provisions concerning the crime, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act of the choice of a sentence, the choice of imprisonment (the degree of the punishment was very serious, and the accident was also occurred; the probation of imprisonment was sentenced);
1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (it shall be taken into account that there was no previous conviction for the last ten years, and that the confession of and reflects against the crime);
1. The main sentence of Article 62 (1) of the Criminal Act (the same shall apply to reasons for discretionary mitigation);
1. Article 62-2 (1) of the Criminal Act concerning community service or education;