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A defendant shall be punished by imprisonment for not more than ten 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
[criminal power] On January 7, 2011, the Defendant was sentenced to a fine of five million won by violating the Road Traffic Act (driving) at the Gwangju District Court on January 7, 201, and a fine of two million won by the same court on September 3, 2010.
【Criminal Facts】
On May 5, 2019, at around 04:05, the Defendant driven a DNA-si car under the influence of alcohol concentration of about 0.205%, while under the influence of alcohol concentration of about 5 meters on the roads of approximately 0.205 meters in front of the Seo-gu, Seo-gu, Gwangju.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;
1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentence identical to the order shall be determined by comprehensively taking account of various sentencing conditions as shown in the records and arguments of the case, such as the criminal records of the defendant, the nature and risk of the crime of this case, the background of the crime, the degree of the principal offense, the family relationship, the