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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal history] On July 16, 2010, the Defendant received a summary order of KRW 1.5 million for a violation of the Road Traffic Act (drinking driving), a summary order of KRW 3 million for a violation of the Road Traffic Act at the Gwangju District Court on September 17, 2010, and a summary order of KRW 3 million for a violation of the Road Traffic Act (drinking driving) at the Gwangju District Court on February 20, 2013.
[Criminal facts] On January 21, 2018, the Defendant driven an E-Korean cruise car under the influence of alcohol leveling to approximately 0.136% of alcohol level from the 1km section from the 5.18 Memorial Park, which is located as a bank in the Seo-gu, Seo-gu, Gwangju Metropolitan City, Gwangju, to the front road of the 5.18 Memorial Park, Seo-gu, Seo-gu, Gwangju Metropolitan City.
As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of crackdown on drinking and inquiry of the results of crackdown on drinking driving;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a summary order-making statute;
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
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. For the reasons of sentencing under Article 62-2 of the Criminal Act, an order to attend a course of imprisonment shall be selected and punished, taking into consideration the level of alcohol alcohol, the circumstances leading to the driving of alcohol, the distance and place of the driving of alcohol, and other types of punishment as ordered in consideration of the defendant's age, sex, behavior, environment, health conditions, circumstances after committing a crime, etc.;