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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
On July 23, 2007, the Defendant issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act at the Gwangju District Court, and on May 8, 2009, a fine of KRW 1 million for the same crime at the same court.
On December 13, 2017, while under the influence of alcohol by 00:21% among blood, the Defendant driven B Poter truck at the section of about 7 km from the front of the mountain convalescent hospital located in the mountain-dong of Gwangju-gu to the erode 394, in the direction of the eropient road of Gwangju-gu, Gwangju-gu.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Inquiries about the results of crackdown on drinking driving;
1. Previous convictions in judgment: Application of an inquiry letter, investigation report (the same kind of force) and other relevant Acts and subordinate statutes;
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
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. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Order to provide community service, order to attend lectures, and order to attend lectures;
A. Unfavorable condition: The Defendant again commits the instant crime even though he/she was punished three times, including his/her previous conviction on the ground that he/she is driving under drinking.
(b) favorable conditions: The defendant's acknowledgement of the crime of this case and reflects his mistake, and there is no record of punishment of suspended execution or more;
C. The Defendant’s punishment was determined in consideration of the Defendant’s age, sex, environment, circumstances before and after the commission of the crime, and other various sentencing conditions specified in Article 51 of the Criminal Act, which were revealed in the records of the instant case.