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A defendant shall be punished by imprisonment for not less than one year and six months.
except that the above sentence shall be executed for a period of two years and six months from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On May 7, 2008, the Defendant was sentenced to a fine of 5 million won for the violation of the Road Traffic Act at the Suwon District Court’s Pyeongtaek site.
On May 13, 2020, the Defendant driven the FM6 vehicle from May 13, 2020 to the front road located in Ansan-si B to the front road of the same city D located in the same city with approximately 300 meters alcohol concentration of about 0.124% under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement, investigation report, and notification of the result of crackdown on drinking driving;
1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;
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 Defendant, on the grounds of sentencing in Article 62-2 of the Criminal Act of the Order to Provide community service and attend lectures, has a criminal record of punishment of each fine due to drinking driving in 2001, each of 2002, refusal of drinking alcohol measurement in 2004, and driving without a license in 2007.
The drinking level of drinking driving is considerably high, and the driving distance is not short.
In light of this point, the liability for the crime is not easy.
However, in addition to the fact that the defendant is against his mistake and again is expected not to drive under the influence of alcohol, etc., various sentencing factors, such as the defendant's age, character and conduct, environment, and circumstances after the crime, shall be determined as the sentence as ordered.