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A defendant shall be punished by imprisonment for seven months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On October 22, 2010, the Defendant was issued a summary order of KRW 2 million by a fine for a violation of the Road Traffic Act at the Gwangju District Court, and on October 27, 2011, the Defendant was sentenced to a suspended sentence of two years by imprisonment for a violation of the Road Traffic Act in the same court.
On May 2, 2014, while under the influence of alcohol level of 0.066% on blood alcohol level, the Defendant driven a B body-man car at approximately 300 meters from the Do near the new town in Gwangju Mine-dong to the roads front of the 2nd apartment in the same new town in the same new town in the same Gu.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual state of the driver;
1. Application of Acts and subordinate statutes to inquiries, such as criminal records, and investigation reports (Evidence List Nos. 9);
1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment with prison labor;
1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 201);
1. Article 62 (1) of the Criminal Act;
1. The defendant's reason for sentencing under Article 62-2 of the Criminal Act, even though he had had the record of serving two times punishment due to drinking driving, etc., is unsanitary, the defendant's crime of this case is against his own crime, and the punishment against the defendant is determined as ordered in consideration of the degree of drinking, etc.