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A defendant shall be punished by imprisonment for six months.
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 February 25, 2008, the Defendant received a summary order of KRW 1 million from the Gwangju District Court to a fine of KRW 1 million for a violation of the Road Traffic Act, and on July 27, 201, from the Gwangju District Court to a fine of KRW 2.5 million for a violation of the Road Traffic Act.
On April 6, 2019, the Defendant was a person who violated the duty not to drive under the influence of alcohol more than twice, and operated a FO2 car under the influence of alcohol content of approximately 0.072% from approximately 25 kilometers to the front roads of the “C” week located in the Gyeonggi-gun, Inc., Ltd., Ltd., in the Gyeonggi-do-gun, for approximately 10:44 on April 6, 2019.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes;
1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant again commits the crime of this case even though he had a same criminal record at several times, that the defendant does not have any criminal record exceeding the fine, that the same criminal record has been relatively old, and that the defendant's blood alcohol concentration has been relatively long, the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and the conditions of sentencing specified in the arguments of this case, such as the circumstances after the crime