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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Reasons
Punishment of the crime
[criminal power] On November 21, 201, the Defendant issued a summary order of KRW 1.5 million as a fine for a violation of the Road Traffic Act at the Gunsan Branch of the Jeonju District Court on November 21, 201, and a fine of KRW 1.5 million in the same court on June 15, 2015.
【Criminal Facts】
On May 29, 2019, at around 21:55, the Defendant driven C Poter cargo under the influence of alcohol content of about 0.117% from a 300-meter section from the front of a restaurant in the mutually influent transport Dong in the military, Sinsan-si, to the front of B.
Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;
1. Previous convictions indicated in judgment: Criminal records, inquiry reports, investigation reports (verification of the same kind of force), and application of Acts and subordinate statutes attached to two summary orders;
1. Relevant legal provisions concerning criminal facts, Articles 148-2(1)1 and 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment (in addition, even if the person was punished by a fine on two occasions due to a drunk driving after 2000, the person was under the influence of alcohol driving in this case; and the blood alcohol content exceeds 0.117%)
1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (Article 55(1)3 of the Criminal Act (Article 53 and Article 55(1)3 of the same Act provides that the defendant reflects the crime, and there is no other same criminal records except those punished twice due to drunk driving after 200, taking into account the defendant's age, character
1. Article 62 (1) of the Criminal Act;
1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;