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A defendant shall be punished by imprisonment for not less than eight 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
On November 17, 2014, the Defendant received a summary order of a fine of three million won from the Cheongju District Court, and a summary order of a fine of three million won from the Chungcheong District Court on May 11, 2018.
On June 1, 2019, at around 06:00, the Defendant driven an E-bred motor vehicle with blood alcohol concentration of at least 0.05%, but less than 0.1%, from around the C cafeteria located in Chungcheongnam-gun B, Chungcheongnam-do to the front intersection of the D. The Defendant driven an E-bred motor vehicle with alcohol content of at least 0.05%.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control of drinking driving;
1. The circumstantial statement of the employee;
1. Investigation report (report on the circumstances of an immigration driver);
1. Criminal records: Criminal records, reply reports (A), investigation reports (verification of the same criminal records as a suspect), and application of Acts and subordinate statutes in Part II of the summary order;
1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);
1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (Consideration of blood alcohol concentration, etc.);
1. Article 62 (1) of the Criminal Act;
1. Probation, community service order, order to attend education three times for the reason of sentencing under Article 62-2 of the Criminal Act, driving under the influence of alcohol, repeated crimes in a short period, and the period of recidivism, shall be selected by taking into account the following: (a) the degree of blood alcohol content is not significantly high; (b) the degree of blood alcohol content at the time of driving under the previous influence of alcohol; (c) the degree of imprisonment shall be determined in consideration of the degree of blood alcohol content at the time of driving under the previous influence