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1. The defendant shall be punished by imprisonment for eight months;
2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;
3.
Reasons
Punishment of the crime
On December 11, 2009, the Defendant issued a summary order of KRW 2.5 million as a fine for a violation of the Road Traffic Act at the Gwangju District Court, and KRW 2.5 million as a fine for the same crime at the same court on November 18, 201.
On June 30, 2016, at around 22:45, the Defendant driven CV car in the state of alcohol with approximately 100 meters alcohol concentration of approximately 0.158% from the 100-meter section to the CGV road located in the same viewing route in Seo-gu, Seo-gu, Gwangju.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of the control of drinking driving;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (a copy of a summary order of the same attached power);
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The sentencing of Article 62-2 of the Criminal Act includes the fact that there exists a history of punishment several times for the reason of sentencing, the fact that blood alcohol level is high: Provided, That the punishment that is heavier than the fine due to drinking driving is not imposed, and the defendant's age, character and behavior, environment, circumstances of the crime, circumstances after the crime, and all of the sentencing conditions shown in the pleadings of the instant case, including the defendant's age, character and behavior, circumstances after the crime
(The sentencing criteria shall not apply to crimes whose sentencing criteria have not been set).