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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
[criminal history] On September 8, 2006, the Defendant was sentenced to a summary order of KRW 700,000 to a fine of KRW 700,000 as a crime of violation of road traffic law in the Gwangju District Court's wooden branch, August 16, 201, and a fine of KRW 6 million as a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused by Danger and Injury) and a violation of road traffic law (driving) in the same court.
[2] On September 2, 2018, the Defendant driven a Category B e-sports vehicle under the influence of alcohol content of about 20 meters from a 0.178% while under the influence of alcohol, from around 20 meters to the road in front of the “Sami” road located in Sinpo City, Sinpo City.
Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act.
Summary of Evidence
1. Statement by the defendant in court;
1. On-site photographs of the accident, written statements of traffic accident-related persons, investigation reports (report on the situation of the driver in charge), and notification of the results of crackdown on drinking driving;
1. Records of judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;
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 suspended execution;
1. The grounds for sentencing under Article 62-2 of the Criminal Act include the observation of protection, community service order, and order to attend a lecture three times, and the defendant’s blood alcohol concentration at a relatively high level of 0.178%, but the defendant’s blood alcohol concentration at a relatively high level than a fine, other than a fine, has no record of criminal punishment, and the confession of the instant crime and reflects the instant crime, etc., as a whole, the sentence as indicated in the records shall be determined as per the order.