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A defendant shall be punished by imprisonment with prison labor for up to six 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
On August 17, 2007, the Defendant issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act (driving) at the Jeonju District Court’s Gunsan Branch, and on January 18, 2017, the same court issued a summary order of KRW 2 million as a fine for the same crime.
On June 12, 2018, the Defendant, while under the influence of alcohol level of 0.082% among the blood transfusion around 21:40 on June 12, 2018, driven a D mixed fish code car on the roads near C/L located in the front Gunsan-si B.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement report on the circumstances of a driver who is placed in driving, investigation report, notification of the results of crackdown on the driving of drinking, and inquiry into the results of crackdown on the driving of drinking;
1. A previous conviction in judgment: A reply to inquiry, such as criminal history, investigation report (verification of criminal history of the same type - attachment of a summary order) - Application of two Acts and subordinate statutes of two copies of the summary order;
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. The reason for sentencing under Article 62-2 of the Criminal Act is that if the defendant repeats the same kind of crime, it is favorable for him to repent of the unfavorable circumstances or mistakes.
The punishment shall be determined as ordered by comprehensively taking into account such circumstances as the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime.