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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Reasons
Punishment of the crime
On April 30, 2007, the Defendant received a summary order of KRW 500,000 from the Gwangju District Court to a fine of KRW 500,000 as a crime of violation of the Road Traffic Act, and a summary order of KRW 6 million as a crime of violation of the Road Traffic Act at the Gwangju District Court on June 3, 2013.
On March 16, 2015, at around 22:20, the Defendant driven a B-ro car in the state of alcohol alcohol concentration of about 500 meters from a 500-meter section to the front of a mutually influoral restaurant located in the Southern-gu Seoul metropolitan area.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the control of drinking driving;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);
1. Article 62 (1) of the Criminal Act (Consideration of sentencing)
1. The reason for sentencing under Article 62-2 of the Criminal Act, including probation, community service order, and order to attend a lecture, even though the Defendant had had had a record of punishment twice due to drinking driving, he/she again driven alcohol again, and the blood alcohol concentration is considerably high.
However, it is against the defendant, and the driving distance is relatively short.
The punishment shall be determined as ordered in full view of all the sentencing conditions shown in the pleadings of this case, such as the age, character and conduct, environment, health condition, circumstances after the crime, and circumstances after the crime.