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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
On November 12, 2012, the Defendant was issued a summary order of 3.5 million won by a fine for a violation of the Road Traffic Act at the Gwangju District Court on November 12, 2012. On October 28, 2015, the Defendant was issued a summary order of 1.5 million won by the same court as a crime of violating the Road Traffic Act (driving). On March 24, 2016, the Defendant was sentenced to a fine of 5 million won by the same court on March 24, 2016.
On June 6, 2018, around 23:30 around 23:30, the Defendant driven a B LV car under the influence of alcohol concentration of about 0.086% in the 2km section from the front and front of the road located in Gwangju Mine-ro 83, Gwangju, to the full-time funeral hall in front of the same Gu.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Notification of the results of regulating drinking driving;
1. Inquiries about the results of crackdown on drinking driving;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the same type of previous convictions and judgment);
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
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 Suspension of Execution (Taking into account the following: (a) the fact that the defendant recognized the crime of this case and reflects his mistake and has no record of punishment exceeding the fine);
1. The observation of protection and the order to provide community service and attend lectures, Article 62-2 of the Criminal Act, and Article 59 of the Act on the Observation, etc. of Protection;