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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On August 23, 2011, the Defendant has been punished for violating Article 44(1) of the Road Traffic Act by receiving a summary order of KRW 1 million due to a violation of the Road Traffic Act from the Gwangju District Court's office on August 23, 201, and a summary order of KRW 2 million due to the same crime at the same court on March 3, 2014, respectively.
On April 14, 2019, around 19:06, the Defendant driven a Fsch Rexton car in the state of alcohol alcohol concentration of about 0.100% from the 1km section to the E-west in the same city, from the road near the E-west located in D around that time.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the control of drinking driving and the situation of drinking driving;
1. Previous records before ruling: Application of criminal records, investigation reports (Attachment to output of summary order for sound driving) and 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. Article 62 (1) of the Criminal Act;
1. In full view of various sentencing conditions indicated in the records and arguments of this case, such as the criminal records of the accused for sentencing and Article 62-2 of the Social Service Order, the time distance from the previous drinking driving force, the degree of blood alcohol concentration of the accused at the time of driving of this case, the occurrence of the accident, the driving distance of the accused, the reflectivity of the accused, family relations, etc., the sentence identical to the order