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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
[criminal power] On October 27, 2010, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Gwangju District Court, and on August 23, 2012, the Defendant was sentenced to a fine of KRW 1.5 million by the same court as the same crime, and on October 2, 2012, issued a summary order of KRW 5 million by the same court as the same crime.
【Criminal Facts】
On September 27, 2018, at around 00:0, the Defendant driven a F Spke car with a blood alcohol concentration of about 0.090% in the section of about 1km from the front of the road in Gwangju Northern-gu, to the front of the same Gu D E Hospital.
Accordingly, the defendant, who violated the prohibition of drinking driving (Article 44 (1) of the Road Traffic Act) more than twice, was driving under the influence of alcohol again as above.
Summary of Evidence
1. Defendant's legal statement;
1. Inquiries about the result of crackdown on drinking driving;
1. Previous records: Application of inquiry letter, investigation report, and statutes, such as criminal records;
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. Sentence of an order to attend a lecture shall be imposed by selecting a prison term at once taking into account the defendant's records of drinking, driving, etc. for sentencing;
Other punishment as ordered shall be determined in consideration of the degree of blood alcohol, the details of the drinking driving, the distance and place of the drinking driving, the age, character and conduct, environment, circumstances after the crime, etc.