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A defendant shall be punished by imprisonment for not less than nine 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 October 10, 2013, the Defendant issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act at the pure support of the Gwangju District Court in Gwangju District Court, and on December 1, 2006, issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act.
On October 21, 2018, around 21:05, the Defendant driven a F string car under the influence of alcohol with approximately KRW 15m alcohol concentration of 0.115% from the front of C, which is located in D, to the front of E, located in D.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;
1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, and application of two copies of summary order-order Acts and subordinate statutes;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. The main sentence of Article 62 (1) of the Criminal Act;
1. Probation, community service order, main sentence of Article 62-2 (1) and Article 62-2 (2) of the Criminal Act, Article 59 of the Act on Probation, Etc. provides a punishment to prevent recidivism, taking into account the following circumstances: (a) the Defendant’s previous convictions are three times; (b) the distance of drinking driving is shorter; (c) favorable circumstances, such as the Defendant’s resistance to his/her mistake; and (d) the Defendant’s age, family environment; (d) the interval between his/her previous convictions and his/her previous convictions at the time of the crime; and (e) the