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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
[criminal history] On November 9, 2012, the Defendant was issued a summary order of 1.5 million won of a fine for a violation of Road Traffic Act (drinking driving) in the Gwangju District Court’s net support on November 9, 2012, and on May 12, 2014, the Defendant was issued a summary order of 5 million won of a fine for the same crime in the same court.
[Criminal facts] On August 29, 2018, the Defendant driven Category C car at approximately 100 meters away from the front side road to the front road of the same U.S. pharmacy, while under the influence of alcohol level of 0.072% among the blood transfusion around 00:25.
As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, and driving a motor vehicle under the influence of alcohol again in violation of this provision.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;
1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (applicable to the same kind of drinking driving force);
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. In order to determine a punishment as ordered by taking account of the defendant's records of punishment for drinking alcohol, distance between punishment records, degree of alcohol level, circumstances leading to driving alcohol, occurrence of accidents, distance and place of driving alcohol, his/her family relation, age, sexual behavior, environment, circumstances after committing a crime, etc., for the reason of sentencing under Article 62-2 of the Criminal Act;