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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On October 12, 2011, the Defendant was sentenced to a fine of KRW 6 million for a crime of violating the Road Traffic Act at the Gwangju District Court, and on August 21, 2015, issued a summary order of KRW 8 million for a crime of violating the Road Traffic Act in the Gwangju District Court’s net support.
On February 12, 2018, the Defendant driven CK-5 vehicle volume under the influence of alcohol at approximately 0.096% in a section of about 500 meters from the front of the Fridong apartment to the front of the information test distance from the Fridong-dong, Fridong-dong apartment at a summer-si around 22:30.
As a result, the Defendant was a person who had a driving force under drinking not less than twice, and was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Statement by the defendant in court;
1. Investigation report (report on the situation of the driver in charge); and
1. Previous convictions in judgment: References to inquiries, copies of written judgments, and application of Acts and subordinate statutes of the summary order;
1. Relevant Article of the Act and Articles 148-2 (2) 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. In full view of the following factors: (a) the Defendant’s criminal records on the grounds of sentencing under Article 62-2 of the Social Service Order Act; (b) the degree of the Defendant’s blood alcohol concentration at the time of driving of the instant case; (c) the Defendant’s driving distance; (d) the Defendant’s family relationship; and (e) the Defendant’s alcohol treatment; and (e) the various sentencing conditions as indicated in the record and the changed theories, the sentence
It is so decided as per Disposition for the above reasons.