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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
[criminal power] On August 19, 201, the Defendant was issued a summary order of KRW 10 million from the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury resulting from Dangerous Driving) and the violation of the Road Traffic Act in the Gyeyang District Court on August 19, 201, and a summary order of KRW 2 million from the Jeju District Court on March 11, 2015, respectively.
【Criminal Facts】
At around 23:00 on September 1, 2020, the Defendant driven a DNA car while under the influence of alcohol content of about 0.180% in the section of approximately 1 km, from Jeju City road before the Jeju City road.
As a result, the Defendant violated the prohibition regulations not less than twice a drinking driving.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the survey report on the actual condition, the report on the statement of the status of a drinking driver, the investigation report (report on the status of a drinking driver), and the control results of drinking driving;
1. Previous records: Criminal records, etc. and the application of Acts and subordinate statutes to inquiry reports and investigation reports (verification of the same kind of power);
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 grounds for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service include: (a) the defendant's mistake and reflects the defendant's mistake; (b) the five-time punishment power of fines due to drinking driving or refusal to measure drinking; (c) the primary reading level is significant; and (d) the defendant's age, character and behavior, environment, means and result of the crime; and (c) the various sentencing conditions specified in the records and arguments of this case,