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1. The defendant shall be punished by imprisonment for eight months;
2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;
3.
Reasons
Punishment of the crime
[criminal power] On June 19, 2014, the Defendant issued a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act at the Gwangju District Court and KRW 2 million as a fine in the same court on November 9, 2015.
【Criminal Facts】
On September 14, 2016, at around 09:03, the Defendant driven a B-low vehicle under the influence of alcohol with approximately 500 meters alcohol concentration of 0.110% from the front road of the Leak-gu, Gwangju, G-dong to the front road of the National Bank's salary class located in the same Dong-dong from the front road of the Leak-gu, Gwangju.
Summary of Evidence
1. Defendant's legal statement;
1. Report on detection of a host driver and report on the circumstances of a host driver;
1. Previous records: Application of criminal records and investigation reports (previous records and attachment of judgment) and statutes;
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. In full view of all kinds of sentencing conditions shown in the arguments of this case, including the Defendant’s age, character and conduct, environment, background of crime, circumstances after crime, etc., the sentence shall be determined as ordered, taking into account the following factors: (a) the fact that there was a history of punishment of fines twice due to drinking driving as stated in the reasoning of sentencing in Article 62-2 of the Criminal Act; (b) the blood alcohol concentration is high; (c) there was no record of punishment due to drinking driving other than the above two times of fines; and (d) there
(The sentencing criteria shall not apply to crimes whose sentencing criteria have not been set).