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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 three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On October 9, 2009, the Defendant issued each summary order of KRW 2 million as a fine for a violation of the Road Traffic Act at the Gangseo branch court of the Chuncheon District Court on October 9, 2009, and on December 20, 2016 by the same court as the same crime.
On December 25, 2019, at around 00:45, the Defendant driven D Lasta car with three meters of alcohol while under the influence of alcohol level of 0.157% at the front parking lot of Gangseo-si B apartment Cdong.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the actual condition, report on the statement of the state of a drinking driver, and report on the control of drinking driving;
1. On-site photographs;
1. Previous for judgment: Application of criminal records, inquiry reports and investigation reports (report accompanied by a summary order of the same kind of power of a suspect) and other Acts and subordinate 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. To choose a prison term in consideration of the fact that the reason for sentencing under Article 62-2(1) and proviso to Article 62-2(2) of the Probation Criminal Act is serious, and that there exists the record of the same kind of crime, the defendant shall be sentenced to imprisonment, and the defendant shall be sentenced to probation for a certain period of time, in order to prevent the defendant from committing a second offense, by setting the period of imprisonment within the scope that the statutory punishment is mitigated, taking into account the fact that the defendant led to his/her confession, mistake, and the place of driving without distance is a parking lot