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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
On January 18, 2008, the Defendant was issued a summary order of KRW 1,00,000 for a crime of violating the Road Traffic Act at the Gwangju District Court, and on January 17, 2013, the Defendant is a person who violated Article 44(1) of the Road Traffic Act on at least two occasions, such as imprisonment for a violation of the Road Traffic Act at the Gwangju District Court, by committing a violation of the Road Traffic Act.
On August 27, 2018, while under the influence of alcohol level of 0.058% among the blood transfusion around 21:28, the Defendant driven a 200-meter DNA car from before the Do in front of the fungpo-gu Do in Gwangju Northern-dong, to the two rocks located in the 73 North-gu Gapo-ro Ga, Gwangju Northern-dong.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. An explanatory note;
1. Previous convictions in judgment: References to inquiries, summary orders, and application of statutes;
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
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. Taking into account all the circumstances, including the fact that: (a) the Defendant committed the instant crime even though he/she had much history of criminal punishment, including the same kind of criminal conviction for the reason of sentencing under Article 62-2(1) and (2) of the Criminal Act; and (b) the fact that the Defendant has recognized his/her mistake; and (c) the alcohol concentration level in blood is not high.