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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
【Criminal Power】 On April 1, 2016, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act in the original state support of the Chuncheon District Court.
【Criminal Facts” around 03:07 on October 8, 2019, the Defendant driven EW WC car at approximately 900 meters from the front side of the Defendant’s house in the same city from the front side in the city B to the front side of the Defendant’s house in the same city D while under the influence of alcohol content of 0.210%.
As a result, although the defendant had a record of punishment for drunk driving, he driven a motor vehicle under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the results of the drinking driving control, each investigation report, and the application of statutes concerning criminal records;
1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., confession, reflectivity, etc.);
1. Article 62(1) of the Criminal Act suspended execution (Article 62(1) (Article 62(1) of the Criminal Act provides that there are circumstances unfavorable to the defendant, such as the nature of the crime and the gross circumstances of the crime, in light of the influence of alcohol and the situation of crackdown, etc., but there are no criminal records of the suspension of execution or more, and the defendant has a depth of his mistake, and other circumstances such as the motive and circumstance of the crime in this case, the circumstances after the crime, the age
1. Probation and order to attend a lecture or order to provide community service under Article 62-2 of the Criminal Act;