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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
【The Defendant received a summary order of KRW 700,000,000 for a fine due to a violation of road traffic law in the Gwangju District Court’s net support on January 2, 2012. On August 20, 2012, the Defendant received a summary order of KRW 5 million for the same crime in the same court on August 20, 2012. On November 30, 2012, the Defendant received a summary order of KRW 3 million for the same crime, etc.
【Criminal facts】 On May 25, 2017, the Defendant driven a Fran vehicle on the front of the E cafeteria located in Gunsan-si, while under the influence of alcohol level of 0.069% during blood transfusion around 20:55.
As a result, the defendant has violated the prohibition on drinking more than twice, and again driven a drinking again.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on driving alcohol;
1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;
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. Article 62 (1) of the Criminal Act on the suspended execution;
1. For the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, the Defendant has been sentenced to three times a fine due to drinking alcohol, while the Defendant’s blood alcohol concentration is not high, and the Defendant reflects the Defendant, and the Defendant’s age, sex, family relationship, environment, background and result of the crime, and other circumstances indicated in the instant pleadings, including the circumstances after the crime, shall be determined as ordered by comprehensively considering the following circumstances.