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A defendant shall be punished by imprisonment for a term of one year and four 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 August 27, 2010, the Defendant was issued a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act at the Gwangju District Court and KRW 1.5 million as a fine in the same court on September 14, 2017, respectively.
【Criminal Facts】
On December 06, 2019, at around 00:20, the Defendant driven a FM5 car with approximately KRW 3 km from the G Hospital located in Gwangju Northern-gu to the front parking lot located in Gwangju Northern-gu D while under the influence of alcohol content of 0.085%.
Summary of Evidence
1. Defendant's legal statement;
1. A traffic accident report;
1. A report on the actual state of the driver;
1. Previous convictions in judgment: Application of Acts and subordinate statutes of investigation report (Attachment of the previous and summary order);
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 by taking into account the various sentencing conditions as shown in the records and arguments of this case.