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A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal power] On April 4, 2012, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (driving), etc. on March 31, 2006, the Defendant was sentenced to a fine of KRW 1.5 million by the same court in the same court on December 1, 2003 as imprisonment for a violation of the Road Traffic Act (driving). The Defendant was sentenced to a fine of KRW 2.5 million for a violation of the Road Traffic Act (driving) in the same court on December 19, 2002. The Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) in the same court on November 25, 2002.
around 07:32 on August 2, 2019, the Defendant driven a Fpoter cargo vehicle under the influence of alcohol content of about 0.050% at the section of approximately 2 Km from the G apartment C-dong parking lot to E in front of the same city.
Accordingly, the Defendant driven a car under the influence of alcohol not less than twice.
around 20:20 on September 5, 2019, the Defendant driven H Poter Cargo Vehicle with a blood alcohol content of 0.103% while under the influence of alcohol at the front of G apartment at the time of influence around September 5, 2019.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving and the circumstantial statement of each drinking driver;
1. Previous records of judgment: Criminal records, inquiry reports, summary orders, application of statutes;
1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or the choice of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. On the grounds of sentencing under Article 62-2 of the Criminal Act, probation, taking lectures, and community service order, the punishment as ordered shall be determined by taking into account the circumstances of sentencing, including the Defendant’s previous conviction, age, health status, home environment, and the time interval between the previous conviction and the instant crime, circumstances after the crime, and occurrence of accidents;
The defendant recognizes a crime in favor of him.