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A defendant shall be punished by imprisonment with prison labor for not more than ten 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 June 29, 2007, the Defendant received a summary order of KRW 2 million from the Changwon District Court to a fine of KRW 2 million for a crime of violating the Road Traffic Act. On June 23, 2008, the Defendant received a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Changwon District Court on June 23, 2008. On December 22, 2008, the Defendant received a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking) at the Changwon District Court on December 22, 2008.
On February 28, 2018, around 00:15, the Defendant driven a C white non-motor vehicle under the influence of alcohol content of about 0.178% at a section of approximately 7km from the window in the window dong of Changwon-si to the roads in front of the Changwon Fire Station located in the same new Dong-dong.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of driving a drinking and inquiry about the results of regulating drinking driving;
1. Previous convictions in judgment: Application of inquiry statements, investigation reports (formers and confirmations) and Acts and subordinate statutes, such as criminal history;
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
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 Defendant, with the reason of sentencing under Article 62-2(1) of the Criminal Act, committed the instant crime even though he/she had been punished for the same kind of crime.
The defendant seems to have an attitude to reflect his mistake by recognizing his mistake.
Defendant has no record of criminal punishment since 2008.
The defendant has to support a woman suffering from dementia.
In addition, the punishment shall be determined as ordered in consideration of all the sentencing conditions shown in pleadings, such as the age, sex, environment, and circumstances after the crime.