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A defendant shall be punished by imprisonment with prison labor for up to 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 March 9, 2012, the Defendant issued a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act (drinking driving) in the Gwangju District Court’s Netcheon Branch on March 9, 2012, and on August 17, 2015, the Defendant issued a summary order of KRW 1.5 million for the same crime in the same court, and is a person with at least twice the alcohol driving capacity.
On July 12, 2017, the Defendant driven a lus vehicle B under the influence of alcohol content of about 0.068% in a section of approximately 2km from the front road of the 35 dead forest guard in the city of death to the front road of the same 35m-dong Sohdong Soh-dong Soh-gu, the Defendant driven the lus vehicle under the influence of alcohol content of about 0.068% in the blood.
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 (on July 12, 2017);
1. Previous convictions in judgment: Application of an inquiry letter, summary order, and other Acts and subordinate statutes, 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. The main sentence of Article 62 (1) of the Criminal Act;
1. The punishment to prevent recidivism shall be determined, taking into consideration the circumstances of sentencing under Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act, including the fact that the Defendant had been convicted of driving alcohol twice in the reason of sentencing under Article 59 of the Act on the Protection, Observation, etc. of Social Service and Order to Attend, the Defendant’s age, family environment, favorable circumstances, such as the fact that the Defendant recognized and reflecteds the offense, and other conditions of sentencing, such as the Defendant’s age, family environment, alcohol concentration in the Defendant’s blood at the time of committing the offense, driving distance