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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 four years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal power] On July 30, 2007, the Defendant received a summary order of KRW 1 million from the Changwon District Court to a fine for a violation of the Road Traffic Act. On June 15, 2009, the Defendant received a summary order of KRW 1.5 million from the Changwon District Court to a fine for a violation of the Road Traffic Act.
【Criminal Facts】
around 06:00 on April 30, 2020, the Defendant driven a F rocketing car under the influence of alcohol content of about 0.120% from the 600-meter section from the front of the convenience store located in the Jinhae-si C, Changwon-si, Seoul to the front road located in the same Gu E.D.
Summary of Evidence
1. Defendant's legal statement;
1. Reports on the occurrence of traffic accidents, reports on the results of the crackdown on drinking driving, and circumstantial statements of drinking drivers;
1. Previous records of judgment: Application of inquiry reports and investigation reports, including criminal records, and 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 (see, e.g., Supreme Court Decisions 201Do110, Jan. 1, 20
1. Order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;