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1. The defendant shall be punished by imprisonment for six months;
2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;
3.
Reasons
Punishment of the crime
[criminal power] On March 13, 2014, the Defendant received a summary order of KRW 7 million from the Gwangju District Court as a fine for a violation of the Road Traffic Act (driving) and KRW 1 million as a fine for a violation of the Road Traffic Act (driving on April 10, 2014) at the Gwangju District Court.
【Criminal Facts】
On September 16, 2015, at around 23:20, the Defendant driven C rocketing car under the influence of alcohol at approximately 0.074% of blood alcohol concentration from around 500 meters away from the front side of the mutual influent restaurant, which is behind the “The Home Plux” of the Gwangju Mine-gu, Gwangju, to the front road of the same Gu Maamambrote.
Summary of Evidence
1. Defendant's legal statement;
1. Statement on the circumstances of the driver, report on request for appraisal, and report on detection of the driver;
1. Previous convictions indicated in judgment: Application of the Acts and subordinate statutes concerning criminal records and investigation reports (compact of a summary order of the same attached power);
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The fact that there is a record of being sentenced to a fine twice for the same crime as stated in the reasoning of sentencing in Article 62-2 of the Criminal Act: Provided, That there is no criminal record exceeding a fine, blood alcohol concentration, the defendant's age, character and behavior, environment, circumstances after the crime and circumstances after the crime, etc. shall be determined by taking into account all the sentencing conditions shown in the pleadings of this case, such as the crime, etc.