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Defendant shall be punished by imprisonment for a term of 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 August 3, 2011, the Defendant received a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act at the Gangseo branch court of the Chuncheon District Court.
【Criminal Facts】
On June 6, 2020, at around 17:10, the Defendant driven an Eco-sports vehicle while under the influence of alcohol 0.186% of alcohol level from the front of the residence of Gangnam-si to the front road of Gangnam-si C, and while under the influence of alcohol level 0.186%.
Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Statement on the circumstantial statement of the employee;
1. Report on the investigation of details of handling 112 reported as a result of crackdown on drinking driving (report on the situation of the drinking driver);
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of records of drinking driving by a suspect A);
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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.: The driving of drinking alcohol is highly likely to cause harm to the life and body of others as well as himself/herself, and requires a strict punishment; the Defendant has been sentenced to a fine on one occasion due to drinking driving; the Defendant is running a drinking alcohol driving; the Defendant is running a drinking alcohol driving once again; the Defendant is more favorable for the Defendant to cause a traffic accident at the time of driving alcohol of this case: The Defendant is going against his/her obligation to stop driving alcohol again; and the Defendant’s age, character and behavior, environment, background of the crime, circumstances after the crime, and other various sentencing conditions specified in the instant records and arguments shall be determined as the disposition