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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[Criminal Power] On February 25, 2016, the Defendant was sentenced to imprisonment with prison labor for six months at the Gwangju District Court on February 25, 2016, and the judgment became final and conclusive on October 13, 2016.
【Criminal Facts】
On December 6, 2006, the Defendant issued a summary order of KRW 500,000 for a fine of KRW 500,000 for a crime of violation of the Road Traffic Act in the Yeongdeungpo Branch Branch of the Incheon District Court, on December 2, 2008, a summary order of KRW 2.5 million for a crime of violation of the Road Traffic Act, and on April 19, 201 for a fine of KRW 3 million for a crime of violation of the Road Traffic Act, in the Gwangju District Court's Support for Wood Branch of the Gwangju District Court, respectively.
On June 3, 2016, at around 20:30, the Defendant driven B Poter truck under the influence of 0.088% while under the influence of alcohol, even though there were two or more drinking skills in the section of approximately 250 meters from the front of the instant sea school located in the Gyeong-gun, Chungcheongnam-gun, Hahyeong-gun, the front of the instant sea area, to the front of the instant sea area.
Summary of Evidence
1. Defendant's legal statement;
1. Inquiry into results of the control of drinking driving, criminal records, etc., inquiry reports on criminal records, and investigation reports (report on confirmation of the same criminal records as the suspect);
1. Previous convictions in the judgment: Application of statutes (Jinju District Court 2015 Highest 4695) and case inquiry (Jinju District Court 2015 Highest 4695, 2016No798);
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. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act, including an order to probation, attend a lecture, or order to attend a community service order, was already punished by a fine on three occasions for the same kind of crime, and in particular, the fact that the defendant again committed the instant crime during the appellate trial of the case recorded in the judgment of the court
On the other hand, the defendant recognizes and reflects the crime of this case, and is the same kind of crime.