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1. The defendant shall be punished by imprisonment for six months;
2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;
3.
Reasons
Punishment of the crime
[criminal power] On October 9, 2006, the Defendant issued a summary order of 1.5 million won for the crime of violation of the Road Traffic Act at the Gwangju District Court, and on September 14, 2007, the Defendant was sentenced to a suspended sentence of 10 million won for the same crime in the same court.
【Criminal Facts】
On September 3, 2016, at around 01:55, the Defendant driven BMF5 car from approximately 1 km to the front of a cafeteria in the mutual unclaimed cafeteria in Seo-gu, Seo-gu, Gwangju to the blind-si in the same Gu, while under the influence of alcohol content of 0.159%.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of the control of drinking driving;
1. Previous convictions in judgment: Criminal records, summary orders, and application of statutes governing judgment;
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The sentencing of Article 62-2 of the Criminal Act is based on the records of the two-time punishment, including a suspended sentence due to drinking driving, as stated in the reasoning of sentencing, and the blood alcohol concentration is high: Provided, That there is no previous conviction since 2007, and the defendant's age, character and conduct, environment, circumstances of the crime, and circumstances after the crime, all of the sentencing conditions shown in the arguments of this case, including the defendant's age, character and conduct, circumstances after the crime, shall be determined as ordered
(The sentencing criteria shall not apply to crimes whose sentencing criteria have not been set).