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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On May 28, 2007, the Defendant received a summary order of KRW 700,000 from the Gwangju District Court to a fine for a crime of violating the Road Traffic Act, and on September 23, 201, the Gwangju District Court issued a summary order of KRW 3 million to a crime of violating the Road Traffic Act.
On November 30, 2017, the Defendant driven a physical car from approximately 100 meters to the front of the dental road located in the same Dong and located in Gwangju Northern-dong, while under the influence of alcohol content of 0.130% among blood transfusion around 21:44, the Defendant driven a physical car from approximately 100 meters to the front of the dental road located in the same Dong.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on drinking driving;
1. Statement of the circumstances of the driver involved in driving;
1. Previous conviction: Application of a written inquiry and a summary order, 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. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Order to provide community service, order to attend lectures, and order to attend lectures;
A. Unfavorable condition: The Defendant committed the instant crime even though he/she was punished for the same offense as that of his/her judgment on driving alcohol.
(b) favorable conditions: The defendant's acknowledgement of the crime of this case and reflects his mistake, and there is no record of punishment of suspended execution or more;
C. The Defendant’s punishment was determined in consideration of the Defendant’s age, sex, environment, circumstances before and after the commission of the crime, and other various sentencing conditions specified in Article 51 of the Criminal Act, which were revealed in the records of the instant case.