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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 January 21, 201, the Defendant issued a summary order of KRW 3 million as a fine for a crime of violating the Road Traffic Act at the Gwangju District Court on January 21, 201, and one million won as a fine in the same court on September 30, 201, respectively.
[2] On August 31, 2018, the Defendant driven B automobiles with approximately 500 meters alcohol concentration 0.095% alcohol level from the front side of the “MP hotel” to the front road of the “ DMW hotel” located in the mine area of Gwangju Metropolitan City, Gwangju Metropolitan City, the Defendant driven B automobiles with around 23:40 on August 31, 2018.
Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of crackdown on drinking and inquiry of the results of crackdown on drinking driving;
1. Previous convictions in judgment: Application of inquiry statements, such as criminal history, and of each summary order;
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. Sentence 62-2 of the Criminal Act: Imprisonment with prison labor shall be imposed in a lump sum, taking into account the defendant's drinking, driving power, etc. for sentencing;
Other punishment as ordered shall be determined in consideration of the degree of alcohol, the circumstances leading up to the driving of alcohol, the distance and place of the driving of alcohol, the age, sex, environment, circumstances after the crime, etc. of the defendant.