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A defendant shall be punished by imprisonment for not less than eight 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
On January 15, 2015, the Defendant received a summary order of KRW 4 million from the Gwangju District Court to a fine of KRW 1 million due to a crime of violating the Road Traffic Act, and a summary order of KRW 2 million from the same court on January 16, 2018 to a crime of violating the Road Traffic Act.
On April 17, 2018, the Defendant driven a vehicle of 3:134% of alcohol level during blood while drunkly under the influence of alcohol level 0.134% from February 18, 2018 to May 8, 2018, even though the validity of a driver’s license was suspended from approximately 500 meters away from the 500-meter section to the 9-lane road in front of the same water route, the Defendant driven a vehicle of 38 in the new street of the Gwangju Mine-gu.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Notification of the results of regulating drinking driving;
1. Inquiries about the results of crackdown on drinking driving;
1. The driver's license ledger;
1. Previous convictions in judgment: Application of an inquiry letter, investigation report (the same kind of force) and other relevant Acts and subordinate statutes;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
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. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Order to provide community service, order to attend lectures, and order to attend lectures;
A. Unfavorable condition: The Defendant again committed the instant crime even if he was punished twice as before being sentenced to the previous conviction, and the blood alcohol concentration was high; and at the time of the instant case, the Defendant was tried as a violation of the Electronic Financial Transactions Act by the court at the time of the instant case
(b) favorable conditions: The defendant's recognition of the crime of this case and reflects his mistake, and there is no record of punishment exceeding the fine;
C. The Defendant’s age, sex, environment, and other records.