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A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On March 14, 2008, the Defendant was sentenced to a summary order of KRW 2 million by a fine for a violation of the Road Traffic Act at the Suwon District Court, and on June 19, 2012, the Defendant was sentenced to a suspended sentence of two years by imprisonment with prison labor for the same crime at the same court.
On June 16, 2020, at around 01:27, the Defendant driven a D low-speed car with approximately 400 meters alcohol concentration of 0.154% while under the influence of alcohol from the 400-meter section from the front of Pyeongtaek-si B to the front of Pyeongtaek-si C.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;
1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal records, inquiry reports, the same criminal records, and summary orders;
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 sentencing of Article 62-2 of the Criminal Act for probation, order to attend a lecture, and order to provide community service order shall be based on a comprehensive consideration of the circumstances surrounding the Defendant’s drinking operation, the criminal records of the Defendant, the age, character, conduct, environment, etc. of the Defendant, and other various sentencing conditions under Article 51 of the Criminal Act as stated in the records of