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A defendant shall be punished by imprisonment with prison labor for not more than ten 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
[criminal history] On April 23, 2010, the Defendant was issued a summary order of KRW 2 million by the Gwangju District Court for a crime of violating the Road Traffic Act (dacting driving), and on September 25, 2013, the Defendant was issued a summary order of KRW 5 million by the Gwangju District Court for a crime of violating the Road Traffic Act (dacting driving).
[Criminal facts] Defendant C is also a person driving a vehicle.
On October 12, 2018, around 22:15, the Defendant driven the said vehicle under the influence of alcohol concentration of about 500 meters from the front street of Gwangju Northern-gu to the front street of about 6 complex of Seo-gu apartment complex in Gwangju-gu, Seo-gu, Seoul, with approximately 500 meters alcohol level 0.180%.
As a result, the Defendant violated Article 44(1) of the Road Traffic Act not less than twice and drives a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of crackdown on drinking;
1. Previous conviction in judgment: Application of a reply letter to inquiry, such as criminal history;
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
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. Sentence 62-2 of the Criminal Act: Imprisonment with prison labor shall be imposed in a lump sum, taking into account the defendant's drinking, driving power, etc. for sentencing;
Other punishment as ordered shall be determined in consideration of the degree of alcohol, the circumstances leading up to the driving of alcohol, the distance and place of the driving of alcohol, the age, sex, environment, circumstances after the crime, etc. of the defendant.