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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[Criminal Power] On March 20, 2012, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act at the Gwangju District Court, and a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Gwangju District Court on January 8, 2015.
【Criminal Facts】
On April 9, 2019, the Defendant driven a rocketing vehicle with the blood alcohol concentration of 0.152% at the section of approximately 1.5 km from 12:05 p.m. to the front of the D, located in C from Macheon-si to Macheon-si.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;
1. The actual survey report (1) (2) and on-site photographs;
1. Previous records: Application of inquiry reports and investigation reports (Attachment to the same criminal records) and statutes, including criminal records;
1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. An order shall be determined by comprehensively taking into account the following circumstances: (a) the fact that the reason for sentencing under Article 62-2 of the Criminal Act is relatively high in alcohol content; (b) the fact that the defendant has been punished twice for the same crime; (c) the fact that the defendant recognizes and reflects the crime; and (d) the favorable circumstances such as the fact that there is no record of punishment exceeding the fine, and other favorable circumstances, including the defendant’s age, character and conduct, environment, occupation, motive and consequence of the crime; and (d) the sentencing conditions as