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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On October 11, 2007, the Defendant was issued a summary order of KRW 1 million for a crime of violating road traffic law (drinking driving) at the wooden branch of the Gwangju District Court, and on June 30, 2009, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating road traffic law (drinking driving) at the wooden branch of the Gwangju District Court.
On May 13, 2018, at around 22:35, the Defendant driven a Ctetra XG car while under the influence of alcohol leveling 0.087% from the 2km section from around the sugar road to the YG car in the direction of the YG car at approximately 2km to the YG road in the YV.
As a result, the Defendant had been punished more than twice due to a violation of the Road Traffic Act (drinking driving), but has driven a motor vehicle again under the influence of alcohol.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the circumstances of driving at home and a report on the circumstances of the driver at home;
1. Previous conviction: Application of Acts and subordinate statutes that inquire about criminal history;
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
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. The reason for sentencing under Article 62-2 of the Criminal Act, including the observation of protection and community service order, has been two times a fine due to the driving of drinking, but the accused has the time to commit the crime, and the accused has been repented, and the driving of drinking again is not possible;
The sentence shall be determined as ordered in consideration of all the conditions of sentencing as shown in the arguments in this case, such as the fact that the defendant's age, sex, environment, etc. is different.