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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 20, 2016, the Defendant was sentenced to a fine of one million won as a crime of violating the Road Traffic Act (drinking driving) in the Gwangju District Court's Netcheon Branch on January 20, 2016 and a fine of five million won as a crime of violating the Road Traffic Act (drinking driving) in the same court on April 26, 2016.
On April 17, 2018, at around 00:21, the Defendant driven a bomb car with alcohol content of about 0.068% from a section of approximately 1km to the ecological tunnel in the same city-based ero-dong from the front day of the fluscopic chill.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Inquiries about the results of crackdown on driving under drinking;
1. Application of Acts and subordinate statutes to inquiries, such as criminal history;
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;
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 following circumstances are comprehensively taken into account: (a) the degree of alcohol content was not high among the blood transfusions with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act; (b) the degree of imprisonment without prison labor or heavier punishment was nonexistent; (c) the Defendant’s age, sex, criminal conduct, family relationship, environment, circumstances and result of the crime; and (d) the circumstances after the crime were committed; and (c) the sentence is determined as ordered.