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A defendant shall be punished by imprisonment for not less than one year and six 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 August 14, 2008, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving) at the Daegu District Court.
【Criminal Facts】
On April 13, 2020, at around 00:12, the Defendant driven CNS car in the state of alcohol alcohol concentration of 0.221% at the 2km section from the front of the apartment house B in Yongsan-si, Geumcheon-si to the Geumcheon-si, Geumcheon-si, Geumcheon-si.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. For previous records as indicated in the Defendant’s legal statement, report on the confirmation of the occurrence of the case, report on the drinking driving, control of drinking driving, and report on the blood alcohol concentration appraisal report: The application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (verification of the same type of suspect records);
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Considering the fact that the defendant with the reason of sentencing under Article 62-2 of the Criminal Act, despite having the same criminal records as the defendant with the same criminal records, again leads to the crime of this case, and the negative value is very high by 0.221%, it shall be considered as the reason for sentencing favorable to the defendant who has led to the confession of the crime. In full view of all other circumstances, including the defendant’s age, occupation, circumstances leading to the crime, and circumstances after the crime, the defendant shall be sentenced to the same