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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal history] On March 20, 2013, the Defendant was sentenced to a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act in the Southern Branch of the Gwangju District Court on March 20, 201, and was sentenced to a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act in the Southern Branch of the Gwangju District Court on July 11, 2014.
[2] Although the Defendant had been punished as a crime of violating the Road Traffic Act (drinking) on more than two occasions, the Defendant 1 driven CY 3 car from the Defendant’s house located in the Namnam-gun B to the 1st apartment of the same Eup/Myeon, from around 600 meters from the head of the Eup/Myeon to the 1st apartment of the same Eup/Myeon, while under the influence of alcohol content at around 0.08% in blood around March 22, 2016.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement of a driver who takes driving and notification of the results of crackdown on drinking driving;
1. An explanatory note;
1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A);
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
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. The defendant for the reason of sentencing under Article 62-2 of the Criminal Act, even though he had a record of being punished twice due to drinking alcohol driving, should be punished strictly, but a suspended sentence shall be imposed in consideration of the circumstances, such as the defendant's reflection of the crime, the fact that the defendant has no record of being punished in excess of the fine, etc.