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Defendant shall be punished by imprisonment for a term of one year and two 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 September 14, 2006, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act (driving) from the Daejeon District Court's Branch on September 14, 2006.
【Criminal Facts】
On October 2, 2019, the Defendant, who was under the influence of alcohol and was punished by driving a motor vehicle under the influence of alcohol, driven a D low-speed motor vehicle under the influence of alcohol with approximately 0.143% of alcohol alcohol concentration at the 1km section from the front of a restaurant in the south-gu Seoul Metropolitan City where the trade name in the original dong-dong cannot be known at around 20:15 on October 2, 2019 to the front of the road in the Dong-gu Seoul Metropolitan City.
Summary of Evidence
1. Defendant's legal statement;
1. On-site drivers, reports on their regular statements and investigation reports;
1. Notification of the results of the drinking driving control, and inquiry into the results of control;
1. Previous convictions in judgment: Criminal history records, reply reports (A), investigation reports (related to the same criminal records of a suspect), and application of related summary order-related Acts and subordinate statutes;
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. Consideration, such as the fact that community service or an order to attend a lecture has been punished twice due to the drinking alcohol driving on the grounds of sentencing under Article 62-2 of the Criminal Act and again causes a traffic accident, the fact that he/she has high blood alcohol concentration, and the fact that he/she does not have