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The punishment of the accused shall be determined by six months of imprisonment.
However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On April 4, 2014, the Defendant received a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act at the Incheon District Court on December 31, 2015, and received a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Seoul Southern District Court on December 31, 2015 and received a summary order of KRW 1.5 million for a violation of the Road Traffic Act on at least two occasions.
On April 14, 2019, around 05:20, the Defendant driven C Launa car with approximately 1 km alcohol concentration of about 0.091% from the front of Seocheon-si B to the front of the same fire station distance in the same city.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. The circumstantial statement of the employee;
1. Notification of the control of drinking driving;
1. Application of statutes concerning criminal records;
1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);
1. The number of times and contents of punishment for the same kind of crime for sentencing under Article 62-2 of the Criminal Act, interval with the crime in this case, the degree of blood alcohol measured after the crime in this case, the confession of the crime in this case, the misunderstanding, and the fact that the defendant's age, character and behavior, environment, circumstances of the crime, circumstances after the crime, etc. are taken into account, and all of the sentencing conditions specified in the arguments in this case shall be determined as ordered by the order.