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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On March 5, 2007, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act from the Gwangju District Court's application on March 5, 2007, and a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act at the Gwangju District Court on December 20, 2016.
On 26. 21:10 on 26. 201. 21. 21. 20, the Defendant driven an Efran vehicle at approximately 20 meters from the front of the Seo-gu Gwangju building to the front road located in the same Gu C, while under the influence of alcohol concentration of 0.076%.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;
1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes related to investigation reports;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. In light of the fact that the defendant committed the instant crime even though the reason for sentencing the punishment of Article 62-2 of the Criminal Act was two times, it is inevitable to choose a sentence of imprisonment with prison labor for the instant crime.
However, in full view of the circumstances such as the fact that the defendant has not been punished by a fine or heavier punishment due to drinking driving and the fact that the defendant is against his mistake, etc., and the sentencing conditions shown in the records and arguments, such as blood alcohol concentration at the time of the crime in this case, the background leading to drinking driving, the distance and place of drinking driving, the age, character and conduct of the defendant, family relationship, etc., shall be sentenced to suspended sentence.