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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] The Defendant was issued a summary order of KRW 4 million as a crime of violating the Road Traffic Act (drinking driving) in the support of the Suwon Flag Flag on November 19, 2012. On March 3, 2014, the Defendant violated the Road Traffic Act by receiving a summary order of KRW 5 million with the same offense, etc. in the same court on March 3, 2014.
[Criminal facts] On July 26, 2018, the Defendant driven a DNA car under the influence of alcohol concentration of about 4km from around 0.177% in blood until around the front road of Ansan-si Member B, Ansan-si, Seoul-si, Seoul-si, and up to the previous road of the same Gu C.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of driving under the liquor:
1. Previous conviction: Inquiry about criminal history and application of each summary order Acts and subordinate 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. The sentencing conditions, such as the defendant's age, sex, family relationship, etc., shall be determined in comprehensive consideration of the following normal relation with the observation of protection, community service, and order to attend lectures under Article 62-2 of the Criminal Act;
- Unfavorable circumstances: The fact that drinking value is high, the fact that there are many kinds of electricity except the criminal records in the judgment, the fact that the person was led to a confession and reflective attitude, and the fact that the person was driven directly at the place of departure determined by the person who returned home by using the substitute driving.