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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
【Criminal Power】 On May 10, 2012, the Defendant issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act in the Gwangju District Court’s net support on May 10, 2012, and on September 27, 2013, at the Gwangju District Court issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act.
【Criminal Facts】 The Defendant is a person driving a rocketing car.
At around 01:40 on January 27, 2019, the Defendant driven the said car within approximately 100 meters from before the “D” alcohol house, which is not known to the name of Gwangju Mine-gu C, to the F. in the same Gu E, while under the influence of alcohol content of 0.161%.
Accordingly, the Defendant again driven a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act as a person who violated Article 44(1) of the Road Traffic Act more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. The actual condition survey report;
1. The circumstantial statement of the employee;
1. Investigation report (application of the Tramark Official Form);
1. Previous convictions in judgment: Application of Acts and subordinate statutes of investigation reports (former and attachment of judgment);
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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentence identical to the order shall be determined by comprehensively taking account of various sentencing conditions as shown in the records and arguments of the case, such as the criminal records of the defendant, the nature and risk of the crime of this case, the background of the crime, the degree of the principal offense, the family relationship, the