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A defendant shall be punished by imprisonment for six 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 July 26, 2007, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act from the Gwangju District Court's Net Branch on July 26, 2007, and a fine of KRW 1 million as a crime of violation of the Road Traffic Act from the Gwangju District Court's Net Branch on September 22, 2009.
On May 16, 2016, the Defendant driven B K7 vehicle from the front side of Cheongam University located in 1641 in a net city green at 0.086% of blood alcohol level around 23:40 on May 16, 2016 to the 128 neighboring roads of the same city, Y7 vehicle from the 8km section of the same Si, Cheongam-si, Maam-ro.
Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.
Summary of Evidence
1. Defendant's legal statement;
1. Making each inquiry into the results of the drinking driving control;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report on previous records of disposition, results of confirmation, and confirmation of the date of release);
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. To determine the punishment as ordered in order to prevent recidivism by taking comprehensive account of the criminal records of a defendant's like crime (in 2016, the same records of fines for drunk driving) with the reason of sentencing under Article 62-2 of the Criminal Act, distance between drinking time and drinking time, age, environment, etc.;