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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
【Criminal Power】 On October 14, 2016, the Defendant received a summary order of KRW 4 million from the Suwon District Court as a crime of violating the Road Traffic Act (driving).
【Criminal Facts】 On June 19, 2020, the Defendant driven a DNA-learning car under the influence of alcohol level of about 0.178% from the 3km section from Pyeongtaek-si’s street to the front of C in the same time.
As a result, the defendant violated the prohibition of drunk driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of the state of the driving of a motor vehicle and notice of the control of drinking driving;
1. Previous records before ruling: Application of criminal records, inquiry reports, and criminal investigation reports (Attachment to the previous records and related summary orders);
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. The sentencing of Article 62-2 of the Criminal Act for probation, order to attend a lecture, and order to provide community service order shall be based on a comprehensive consideration of the circumstances surrounding the Defendant’s drinking operation, the criminal records of the Defendant, the age, character, conduct, environment, etc. of the Defendant, and other various sentencing conditions under Article 51 of the Criminal Act as stated in the records of