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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 of the final judgment.
Reasons
Punishment of the crime
On April 29, 2009, the Defendant received a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act (driving) in the Jeonju District Court's Jeonju Branch's Support, etc., and on April 28, 2010, the Defendant was sentenced to a suspended sentence of two years for six months by imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Jeonju District Court's Jeonju District Court.
On April 7, 2015, at around 22:25, the Defendant driven B car under the influence of alcohol concentration of about 0.074% from the 7km section to the apartment road of approximately 7km in front of the same Si/Gun/Gu, from the parking lot adjacent to the gyst of the gyth of the gyth of the gyth of the gyth of the gyth of the gyth of the gyth of the gyth of the gyth of the Gu
Summary of Evidence
1. Defendant's legal statement;
1. Inquiry the results of the drinking driving control;
1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;
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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);
1. Article 62 (1) of the Criminal Act (Consideration of sentencing)
1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant had already been punished four times due to drunk driving is disadvantageous to the defendant.
On the other hand, the fact that the last crime of the defendant was about five years from the instant case, that the blood alcohol concentration was relatively high, and that the family of the defendant is preventing the driving of the defendant's drinking.
The punishment shall be determined as ordered in full view of all the sentencing conditions shown in the pleadings of this case, such as the age, character and conduct, environment, health condition, circumstances after the crime, and circumstances after the crime.