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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On May 23, 2008, the Defendant was punished for violating Article 44(1) of the Road Traffic Act by receiving a summary order of KRW 1 million as a crime of violation of the Road Traffic Act from the Gwangju District Court's net support on May 23, 2008, a summary order of KRW 1 million as a fine from the Gwangju District Court's same crime on May 30, 2008, and a summary order of KRW 6 million as a fine from the Gwangju District Court's net support on June 14, 2016, respectively.
On April 13, 2019, at around 07:20, the Defendant driven a Fbenz CS 400d car with a blood alcohol concentration of about 1km from the 1km section to the front road located in D in the summer-si. Around that time, the Defendant driven a Fbenz CS 400d car with a blood alcohol concentration of about 0.095%.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same type of crime records);
1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. In full view of various sentencing conditions indicated in the records and arguments of this case, such as the criminal records of the accused for sentencing and Article 62-2 of the Social Service Order, the time distance from the previous drinking driving force, the degree of blood alcohol concentration of the accused at the time of driving of this case, the occurrence of the accident, the driving distance of the accused, the reflectivity of the accused, family relations, etc., the sentence identical to the order