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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
Criminal facts
[criminal history] On February 8, 2010, the Defendant was sentenced to a fine of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) in the Seongbuk-nam Support of the Suwon Friwon, and was sentenced to a fine of KRW 3 million for the same crime from the Jung-gu District Court Goyang Branch on November 7, 2014.
[Criminal facts] On Nov. 4, 2015, the Defendant driven B SP car under the influence of alcohol content of about 0.189% at a 2km section from the front of the restaurant in which it is impossible to know the trade name in Gyeyang-gu, Gyeyang-gu at the ancient city around Nov. 23:30, 2015 to the front road of about 2km.
Accordingly, the defendant, even though he had the influence of drinking twice or more, was driving again.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the detection of a primary driver;
1. Previous conviction in judgment: Application of a reply to inquiry, report on investigation (including attachment of a copy of the summary order (including attachment of the summary order) by statutes;
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. For the reasons of sentencing under Article 62-2 of the Criminal Act, an order to attend a course of imprisonment shall be selected and punished, taking into consideration the level of alcohol alcohol, the circumstances leading to the driving of alcohol, the distance and place of the driving of alcohol, the age, sex, environment, circumstances after the crime, etc., and other relevant factors, shall be determined as ordered by the court;