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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 four years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On September 25, 2006, the Defendant issued a summary order of KRW 2.5 million to the original branch of the Chuncheon District Court on September 25, 2006 due to a violation of the Road Traffic Act (driving) and a fine of KRW 3 million to the same court on May 18, 2007, and a fine of KRW 2.5 million to the same court on December 30, 201 as a violation of the Road Traffic Act (driving). On December 6, 2012, the Defendant issued a summary order of KRW 2.5 million to the same court on December 6, 201.
Criminal facts
On April 2, 2019, at around 22:48, the Defendant driven Done Star Cargo at approximately 200 meters away from the original city B to the original city C, while under the influence of alcohol content of about 0.169%.
Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the results of the drinking driving control, photographs related to drinking driving, investigation reports, and the application of statutes concerning criminal records;
1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018) applicable to the crime
1. Article 62(1) of the Criminal Act provides that the defendant has been subject to suspended sentence, and the crime of this case is not subject to a sentence due to the same kind of crime, and the defendant has not been subject to a prison sentence due to the same crime, and the distance of the defendant's driving at the time of this case is not long, and the defendant's driving is not likely to cause excessive difficulty to his family members, and the social relationship is clear, as well as the motive and background of the crime of this case, circumstances after the crime, the age of the defendant, occupation, family relationship, health status.