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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Reasons
Punishment of the crime
On January 9, 2008, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act in the Sung-nam branch of Suwon District Court, and on March 6, 2014, issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act at the Gwangju District Court.
On April 7, 2015, at around 00:05, the Defendant driven a B-hand motor vehicle with a blood alcohol concentration of about 0.190% at the 1km section from the front day of the mutual influent convenience store in the vicinity of the funeral hall of Young-gu, Young-gu, Young-gu, Seoul, to the front day of the Korean Peninsula located in the same Eup/Myeon.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control of drinking driving;
1. Previous convictions indicated in judgment: Criminal history records, inquiry reports and application of two-minutes of summary order Acts and subordinate 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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);
1. Article 62 (1) of the Criminal Act (Consideration of sentencing)
1. The reasons for sentencing under Article 62-2 of the Criminal Act include the fact that the defendant had already been punished twice due to drunk driving again within the short period of time, and that the blood alcohol concentration is considerably high, etc.
On the other hand, the defendant does not have been punished for any other crime except before and after the judgment, and the fact that the drinking driving of this case did not cause any other damage is favorable.
The punishment shall be determined as ordered in full view of all the sentencing conditions shown in the pleadings of this case, such as the age, character and conduct, environment, health condition, circumstances after the crime, and circumstances after the crime.