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A defendant shall be punished by imprisonment for six 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 June 9, 2006, the Defendant issued a summary order of 2.5 million won as a fine for a violation of the Road Traffic Act at the Seoul Eastern District Court on July 8, 2009, a fine of 1.5 million won for a violation of the Road Traffic Act at the Sungnam Branch of the Suwon District Court on July 8, 2009, and on December 23, 201, a fine of 2.5 million won for a violation of the Road Traffic Act at the Sungnam Branch of the Suwon District Court on December 23, 201.
【Criminal Facts】
On February 9, 2019, at around 23:37, the Defendant driven a DNA car from approximately 1 km from the vicinity of the Manam-si B market to the front of the same Gu, in a state of drinking alcohol content of 0.095%.
As a result, the defendant has violated Article 44 (1) of the Road Traffic Act more than twice and has driven a motor vehicle under the influence of drinking again.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual state of the driver;
1. Inquiry the results of the drinking driving control;
1. Application of Acts and subordinate statutes to criminal records, etc., investigation reports, and investigation reports (verification of the same type of power);
1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, 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 sentence identical to the order shall be determined by comprehensively taking into account the grounds for sentencing under Article 62-2 of the Criminal Act, the records, such as the records, such as the accused’s age, occupation, character and conduct, family relation, living environment, circumstances leading to the crime, etc., and the reason for sentencing under Article 62-2 of the Criminal Act;