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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On November 5, 2007, the Defendant was sentenced to a summary order of a fine of KRW 2.5 million for a violation of the Road Traffic Act, and on May 14, 2008, the Defendant was sentenced to a suspended sentence of imprisonment for six months for a violation of the Road Traffic Act at the Net Branch of the Gwangju District Court, Gwangju District Court on May 14, 2008. On December 10, 2010, the Defendant was sentenced to a suspended sentence of three years for six months for a violation of the Road Traffic Act at the Net Branch of the Gwangju District Court on December 10, 201. On February 23, 2011, the Defendant was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act at the Seocheon Branch of the Gwangju District Court on February 29, 2012.
On September 13, 2013, at around 22:08, the Defendant driven a 8km amount from the front of the CGV theater located in the CGV YY-dong, the CGV-dong, at a level of 0.139% alcohol concentration, to the front of the GGV theater located in the CGV YY-dong, the CGV-dong.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the drinking driving control, and the status of driving under the influence of alcohol;
1. Previous convictions in judgment: Criminal records, investigation reports (verification of the date of release, previous records and binding of judgment), personal identification and confinement status, application of statutes of Part IV of judgment;
1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;
1. Article 35 of the Criminal Act among repeated crimes;
1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., the period between the fact that the defendant is against his or her will, the extent of his or her intention, the records of the crime, the record of the repeated crime and the date of the instant crime);