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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 8, 2007, the Defendant was issued a summary order of KRW 700,000 as a crime of violating the Road Traffic Act at the Gwangju District Court, and on September 19, 2007, sentenced to imprisonment with prison labor for eight months and two years of suspended execution for the same crime.
On June 15, 2017, the Defendant, while under the influence of alcohol content of 0.068% among blood transfusions, driven a C body-man car at approximately 2 km section from the front side of a drinking flusium in Gwangju Seo-gu to the front side of the entrance of a flusium market located in Nam-gu, Nam-gu, Gwangju, Seo-gu, to the front side of the flusium market in Nam-gu.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on drinking driving;
1. Statement of the circumstances of the driver involved in driving;
1. Previous convictions: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the judgment, etc. of the same kind of case);
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. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Order to provide community service, order to attend lectures, and order to attend lectures;
A. Unfavorable conditions: The Defendant again committed the instant crime even though he was punished on three occasions in 2005 and 2007 due to driving under drinking.
(b) favorable condition: The defendant's acknowledgement of the crime of this case and reflects his mistake;
C. The Defendant’s punishment was determined in consideration of the Defendant’s age, sex, environment, circumstances before and after the commission of the crime, and other various sentencing conditions specified in Article 51 of the Criminal Act, which were revealed in the records of the instant case.