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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 23, 2015, the Defendant was issued a summary order of KRW 3 million at the Suwon District Court’s Eunpyeong Housing Site as a crime of violating the Road Traffic Act (driving of Drinking).
【Criminal Facts】
On June 12, 2020, at around 22:34, the Defendant driven an Epic vehicle while under the influence of alcohol content of 0.188% from the 20-meter section from the roads near Pyeongtaek-si B to the roads near Pyeongtaek-si.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the state of drinking drivers, and report on traffic accident as a result of the regulation of drinking driving;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes (verification of suspect driving and driving without a license);
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 reasons for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service are as follows: (a) comprehensively taking account of the circumstances surrounding the Defendant’s drunk driving, the criminal records of the Defendant, the age, character and conduct of the Defendant, and other factors of sentencing under Article 51 of the Criminal Code as stated in the records of the instant case