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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of 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 April 12, 2010, the Defendant received a summary order of KRW 700,000,000 as a fine for a crime of violating the Road Traffic Act in the Gwangju District Court’s net support on April 12, 201, and on December 7, 2011, the same court issued a summary order of KRW 1.5 million as a fine for the same crime.
[Criminal facts] On October 17, 2016, the Defendant driven Bcom-sports cargo vehicles under the influence of alcohol leveling 0.112% from the 20km section to the front road of the gold apartment located in the same Jung-dong from the Jinyang-si Do, Ginyang-si around 19:40 on October 17, 2016
Summary of Evidence
A previous conviction of the defendant's legal statement alcohol driving control report, previous conviction of the state driver's circumstantial statement report: Application of a reply to inquiry, such as criminal history, and copy of the judgment;
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;
2. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
3. Article 62 (1) of the Criminal Act on the stay of execution (including the fact that the defendant commits any error and is punished three times due to drinking driving, etc.).
4. Taking lectures and community service orders under Article 62-2 of the Criminal Act;