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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 February 9, 2011, the Defendant was sentenced to 6 months of imprisonment with prison labor and 2 years of suspended execution for the violation of the Road Traffic Act in the Gwangju District Court's net support on February 9, 201, and on May 18, 2009, issued a summary order of 1.5 million won for the violation of the Road Traffic Act in the Gwangju District Court's net support on May 18, 2009.
On November 24, 2018, at around 18:05, the Defendant driven a FM3 car while under the influence of alcohol alcohol concentration of about 8km from the front of the road located in Bosung-gun B to the front of the same military funeral hall located in D, EM3 car.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Previous conviction in judgment: The application of Acts and subordinate statutes by inquiry;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Probation Criminal Act is that the defendant committed the instant crime again even though he could have the same military force, taking into account the degree of blood alcohol concentration of the defendant at the time of driving of the instant case, driving distance of the defendant, control circumstances over the instant crime, etc. However, the defendant should be punished strictly. However, the same sentence as the order shall be determined by taking into account the following factors: the background of the instant crime, whether the defendant was against the defendant, and health conditions, etc.
It is so decided as per Disposition for the above reasons.