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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On February 24, 2011, the Defendant was sentenced to a fine of KRW 2.5 million for a crime of violating the Road Traffic Act at the Jeju District Court on February 24, 201, and a fine of KRW 3 million for the same crime at the same court on June 25, 2013.
On June 16, 2017, at around 20:45, the Defendant driven a car in Ccoon with alcohol content of 0.187% while under the influence of alcohol at a public parking lot located at 34, 000,000 Seopo-si, Seopo-si, Seopo-si, Seopo-si.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements, 112 Cases;
1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;
1. A criminal investigation report (to listen to the statement by telephone of shots D), recording records;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the previous one and a copy of the judgment);
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. In the case where two times or two times or more for the crime of drinking alcohol driving as indicated in the reasoning of sentencing in Article 62-2 of the Criminal Act, the punishment as indicated in the order shall be determined by taking into consideration the following factors: (a) the driving of drinking again was conducted even if the person was punished twice or more for the crime of drinking alcohol driving as indicated in the judgment of sentencing in Article 62-2 of the Criminal Act; (b) the 1999 that was punished for the crime of drinking alcohol consumption in 205; (c) the amount of alcohol concentration in the blood in the instant case; (d) the time and details of the punishment for the crime of the immediately preceding drinking; and (e) the sale of the vehicle to avoid driving of drinking again; (e) the Defendant’s age