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1. The defendant shall be punished by imprisonment with prison labor for six months;
2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal history] On January 10, 2012, the Defendant was issued a summary order of 1,50,000 won for a crime of violating the Road Traffic Act (driving) at the Jeonju District Court on January 10, 201, and on April 11, 2016, the Defendant was punished two times or more due to drinking driving, such as receiving a summary order of 4 million won for the same crime from the said court.
[2] On July 28, 2018, the Defendant driven a Grand Ganbon with approximately KRW 0.121% of alcohol concentration on the part of approximately 6km from the front of a restaurant in the trade name in the native Eup located in the local-nam Eup to the front of the 7-ro 20-year aggregate in the Eup in the same Eup, the Defendant was under the influence of alcohol on July 28, 2018.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;
1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (Attachment to suspect drinking power);
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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);
1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture and the Order of Community Service [the scope of punishment] From six months to one year and six months of imprisonment (decision of sentence] as follows, and the sentencing conditions indicated in the records, such as the defendant’s age, sex, environment, motive of the crime and circumstances after the crime, were determined as ordered.
The defendant is not aware of the fact that he had been punished three times by a fine due to drinking in 2001, 2012 and 2016, but drives 6 km in the state of drinking: The defendant's mistake is recognized and the defendant again does not drive drinking again in the future.