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A defendant shall be punished by imprisonment with prison labor for up to six months.
except that 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
The defendant was issued a summary order of KRW 500,000 at the Gwangju District Court on December 12, 2007, and was issued a fine of KRW 2.5 million at the same court on December 3, 2010 as a crime of violation of the Road Traffic Act (driving). On September 3, 2012, the defendant was sentenced to a fine of KRW 5 million at the same court on September 3, 201 as a crime of violation of the Road Traffic Act (driving).
On October 19, 2014, the Defendant driven a B rocketing car with approximately 1 km from the front of the Hanam Industrial Complex located under the Hanam-gu, Gwangju Mine-gu to the road located under the west-gu, Gwangju Mine-gu, 6th day before October 22:34, 2014.
Summary of Evidence
1. Defendant's legal statement;
1. A copy of the report on the state of driving under the influence of alcohol, the notification of the results of the control of drinking driving, and the circumstantial statement of drinking drivers;
1. Previous records of judgment: Criminal history records, inquiry reports, investigation reports ( Results of disposition of related cases), and application of Acts and subordinate statutes of each judgment;
1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting the crime. Article 148-2 (1) of the same Act.
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. For the reasons for sentencing under Article 62(1) of the Criminal Act, the sentence shall be imposed as ordered by taking into account the motive, background, means and methods of the instant crime, the circumstances before and after the instant crime, and other circumstances revealed in the pleadings of the instant case, such as the Defendant’s age, character and conduct, career, and environment: positive factors that have been punished as drinking driving several times as shown in the judgment: The fact that there was no record of other crimes than the aforementioned previous offense, and alcohol value;