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A defendant shall be punished by imprisonment for a term of one year and two months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[Criminal Power] On February 18, 2016, the Defendant was issued a summary order of a fine of three million won by the Gwangju District Court for the crime of violation of the Road Traffic Act.
【Criminal Facts】
On August 29, 2020, at around 22:40, the Defendant driven a DK5 car from approximately 1km section to about C in the south-gu of Gwangju, Seo-gu, Seo-gu, about 0.293% alcohol concentration.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Previous records: Application of Acts and subordinate statutes to investigation reports (Attachment to judgment of records of sound driving);
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, including the criminal records of the defendant, the nature and risk of the crime of this case, the background of the crime, the degree of taking the crime, the family relationship, the health condition of the defendant, and the possibility of recidivism, shall be determined as ordered by taking into account the various sentencing conditions as shown in the records and arguments of this case.