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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
[criminal history] The Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Gwangju District Court on August 7, 2009, by a fine of KRW 2 million and a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (driving alcohol) at the same court on November 16, 2017.
[2] On June 19, 2018, the Defendant was under the influence of alcohol level 0.162% in the 2km section from the 285 Seo-gu, Gwangju-gu, Seo-gu, Gwangju-gu, to the lower end of the 195 Seosan Pung-gu, Gwangju-gu, the Defendant driven BKaone Star car under the influence of alcohol level 0.162% in the 2km section.
Summary of Evidence
1. Statement by the defendant in court;
1. A written report on the results of regulating drinking driving and inquiring about the results of regulating drinking driving;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (report on the confirmation of the case of the same kind of force);
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. An order of education under Article 62-2 of the Criminal Act shall be imposed by selecting an imprisonment with prison labor at a time, taking into account the defendant's records of driving alcohol (including the criminal records as indicated in the judgment, three times in total after 200), etc.
Other punishment as ordered shall be determined in consideration of the degree of alcohol, the circumstances leading up to the driving of alcohol, the distance and place of the driving of alcohol, the age, sex, environment, circumstances after the crime, etc. of the defendant.