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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On November 24, 2009, the Defendant issued a summary order of a fine of KRW 3 million for a violation of road traffic law (drinking driving), etc. at the wooden branch of the Gwangju District Court on November 24, 2009, and on May 3, 2013, the Defendant issued a summary order of KRW 7 million for a violation of road traffic law (drink driving) at the pure branch of the Gwangju District Court on May 3, 2013.
On June 9, 2018, the Defendant driven B car under the influence of alcohol concentration of about 12 km from around 07:21 to around 139.2 km (Cheongcheon School) in the south of the same time in the same time from around 07:21 to the road in front of 139.2km (Cheongcheon School) of the Highway, where the Defendant used B car under the influence of alcohol concentration of 0.126% in blood.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;
1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;
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. The main sentence of Article 62 (1) of the Criminal Act;
1. The punishment to prevent re-offending shall be determined by taking into account the favorable circumstances, such as the defendant's wrongness, such as the observation of protection, order to provide community service and attend lectures, the main sentence of Article 62-2 (1) and (2) of the Criminal Act, and the reason for sentencing under Article 59 of the Act on the Observation, etc. of Protection, etc., the defendant's age, family environment, the period between his/her previous offense of drinking and his/her previous offense of this case, the interval between his/her previous offense and his/her previous offense of this case, the degree of alcohol alcohol in his/her blood at the time of committing the crime,