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A defendant shall be punished by imprisonment for not less than one year and six 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 August 26, 2015, the Defendant received a summary order of KRW 5 million for a fine of KRW 5 million for a violation of the Road Traffic Act (driving) and a summary order of KRW 3 million for a violation of the Road Traffic Act in the same court on December 8, 2017, respectively.
【Criminal Facts】
On September 24, 2020, at around 01:26, the Defendant driven a vehicle with approximately 13 km from the Defendant’s residential place located in Pakistan-si B to the front road of the same Dan-dong in the same Dan-dong, with a 0.224% alcohol concentration of blood alcohol.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstances of driving under the influence of alcohol, report on the circumstances of driving under the influence of alcohol drivers, and inquiry into the results of crackdown on drunk driving;
1. Previous records of judgment: Application of inquiries, such as criminal records, and each summary order Acts and subordinate statutes;
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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;