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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 May 11, 2012, the Defendant was sentenced to a fine of KRW 3 million for a crime of violating the Road Traffic Act at the Gwangju District Court, and a fine of KRW 2 million for a crime of violating the Road Traffic Act at the Gwangju District Court on September 16, 2016, respectively.
On January 26, 2017, the Defendant was under the influence of alcohol content of 0.177% among blood transfusions on January 23:10, 2017, and was driving B taxi from the front side of the chemical districts located in the Seo-gu, Seo-gu, Gwangju to the Hanwon-do, Seo-gu, Seo-gu.
As a result, the Defendant was a person who has driven a motor vehicle twice or more, and driven a motor vehicle under the influence of alcohol.
Summary of Evidence
1. Statement by the defendant in court;
1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;
1. Previous records: References to inquiries, investigation reports (filing a summary order for a drinking driving), application of a copy of the judgment, and application of 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. In full view of all the factors indicated in the arguments of this case, including the fact that there was a history of punishment twice due to driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, however, there is no record of crime exceeding fines, the fact that there is no record of crime, the degree of alcohol during blood transfusion, driving distance, the defendant's age, sexual behavior, environment, circumstances of crime, etc., the punishment as ordered shall be determined as per Disposition.