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The sentence against the accused shall be determined by one year and six months of imprisonment.
Provided, That the above punishment shall be imposed for three years after the judgment becomes final and conclusive.
Reasons
Punishment of the crime
[Criminal Power] On September 14, 2015, the Defendant was issued a summary order of KRW 6 million at the Changwon District Court on the grounds of the violation of the Road Traffic Act (driving).
【Criminal Facts】
On March 15, 2020, at around 00:16, the Defendant driven a DNA car with a blood alcohol concentration of 0.163% from the 8km section from the front of the restaurant in the trade name in the Yansan-gu, Seoul Special Metropolitan City to the front of the C convenience store in the Yansan-gu, Seoul Special Metropolitan City.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control of drinking driving;
1. Previous records before ruling: Application of criminal records, repeated statements, investigation reports, and 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. Reasons for sentencing under Article 62-2 of the Criminal Act;
1. From one year to two years and six months, imprisonment with prison labor within the applicable sentencing range by law;
2. It is reasonable to select imprisonment in light of the fact that the Defendant’s blood alcohol concentration at the time of the instant crime, at the time of the instant crime, is considerably high, and that there was a history of criminal punishment for the same kind of crime.
However, in light of the fact that the defendant has no record of criminal punishment other than that imposed once on him/her as stated in its holding, the execution of the sentence shall be suspended, and other conditions of sentencing as stated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances after the crime, etc., shall