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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 February 25, 2008, the Defendant received a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Gwangju District Court, and issued a summary order of KRW 3.5 million for the same crime in the same court on October 5, 2012. On November 23, 2015, the Defendant received a summary order of KRW 7 million for the same crime at the same court.
【Criminal Facts】
On April 8, 2020, the Defendant, while under the influence of alcohol at 0.194% of alcohol concentration, driven C-do car from approximately 5 km section from the roads in the Dong-dong-dong-dong-dong-dong-dong-dong to the parking lot in the Jeonnam-gun B apartment-gun-gun.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Previous conviction in judgment: Application of the summary order of the Gwangju District Court 2015 High Court 2015 High Court 12887, the summary order of the Gwangju High Court 2012 High Court 2246, the summary order of the Gwangju High Court 208 High Court 2008 High Court 4
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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The sentencing of Article 62-2 of the Criminal Act, including the criminal records of the defendant, the nature and risk of the crime of this case, the background of the crime, the degree of taking the crime, the family relationship, the health condition of the defendant, and the possibility of recidivism, shall be determined as ordered by taking into account the various sentencing conditions as shown in the records and arguments of this case.