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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
[criminal history] On May 9, 2007, the Defendant was issued a summary order of a fine of three million won due to a violation of road traffic law in the Gwangju District Court's wooden branch. On April 21, 2008, the Defendant was sentenced to a suspended sentence of one year for four months by imprisonment with labor for a violation of road traffic law in the Gwangju District Court's wooden branch.
[Criminal facts] On January 4, 2017, the Defendant driven B rocketing car under the influence of alcohol content of about 4km from around 0.139% to around 0.139% of alcohol content on the front of the cafeteria, the trade name in front of the Eup/Myeon located in the Naman-gun, the Naman-gun, the Naman-gun, the Naman-gun, the Naman-gun, the Naman-gun, the Naman-gun, the Naman-gun, the Naman-gun.
As a result, the Defendant once or more drinking drivers, driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating drinking driving;
1. Previous convictions: Application of the Act and subordinate statutes to refer to inquiries, such as criminal history, and report on investigation (report attached to the same type of judgment, etc.);
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. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reasons for sentencing under Article 62-2 of the Criminal Act include the following: (a) even though the Defendant was subject to criminal punishment twice due to driving of alcohol, such as the record of the crime indicated in the judgment, the Defendant was subject to criminal punishment for driving without license on two occasions thereafter; and (b) the Defendant’s blood alcohol concentration at a relatively high level of 0.139%; and (c) the sentence conditions indicated in the oral argument are comprehensively considered.