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The punishment of the accused shall be determined by two years of imprisonment.
Provided, That the above punishment shall be imposed for three years after the judgment becomes final and conclusive.
Reasons
Punishment of the crime
On October 13, 2016, the Defendant was issued a summary order of KRW 7 million as a crime of violating the Road Traffic Act in the Hongsung branch of the Daejeon District Court on October 13, 2016.
On October 24, 2019, around 23:12, 2019, the Defendant driven a D Eccoo vehicle under the influence of alcohol concentration of about 0.185% at the 2km section from the front of the New Cancer Security Center, which is located in the Do of the Do of the New Cancer Security Center, to the front of the Ccoo Factory located in B.
Summary of Evidence
1. Defendant's legal statement;
1. Reports on traffic accidents and reports on the results of the control of drinking driving;
1. On-site photographs;
1. Previous records of judgment: Application of criminal records, inquiry reports (related to a suspect, summary orders of the same kind, and binding of judgment) and statutes;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act;
1. The fact that it is highly necessary to eradicate the reasons for sentencing under Article 62-2 of the Criminal Act, the fact that the defendant has already been punished for drinking driving several times including a suspended sentence of imprisonment with prison labor, the fact that the blood alcohol concentration of the instant blood alcohol level is high, and the instant case causes a single traffic accident due to drinking driving: Provided, That the instant crime was committed at the time when six years have elapsed since the suspended sentence was sentenced due to drinking driving, the Defendant committed the instant crime at the time when six years have passed since he was sentenced to suspended sentence due to drinking driving, and the Defendant did not repeat and repeat the crime, and other various sentencing factors such as the Defendant’s age, occupation,