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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
On July 11, 2008, the Defendant received a summary order of KRW 1.5 million for a violation of the Road Traffic Act from the Gwangju District Court's net support on July 11, 2008, and a summary order of KRW 500,000 for the same crime in the same court on October 25, 2007.
On June 19, 2019, at around 21:28, the Defendant driven an E Car under the influence of alcohol 0.122% of alcohol alcohol level, from the roads near the C Park located in the S Park, to the roads front of the D apartment in the same city.
Ultimately, even though the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, he again driven a motor vehicle under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Previous convictions in judgment: Application of inquiries, a copy of each summary order, and the Acts and subordinate statutes;
1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019); 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. Probation and community service order under Article 62-2 of the Criminal Act: The defendant's criminal records (the interval between the same kind of power and the previous punishment power, etc.); the degree of the defendant's blood alcohol concentration at the time of driving of the instant case; the circumstances leading to driving of the instant case; whether the defendant's reflects the defendant; and the family relationship and other various sentencing conditions specified in the records and arguments shall be determined as the same sentence
It is so decided as per Disposition for the above reasons.