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A defendant shall be punished by imprisonment for six months.
except that 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 November 3, 2006, the Defendant received a fine of KRW 700,000 from the Seoul Eastern District Court as a crime of violation of the Road Traffic Act (driving) and received a fine of KRW 1 million from the Sungnam Branch of Suwon District Court on December 14, 2015 as the same crime.
【Criminal Facts】
On May 23, 2019, at around 23:08, the Defendant driven a e-learning car in about 10 meters from the upper end of the apartment unit B in Sungnam-gu, Sungnam-si, Sungnam-si, to the upper end of the D History in the Sungnam-gu, Sungnam-si, the Defendant driven a e-learning car at around 10 meters.
As a result, the Defendant, who violated two times or more of drinking driving, driven a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual state of the driver;
1. Inquiry the results of the drinking driving control;
1. Application of Acts and subordinate statutes to criminal history records, inquiry reports, and investigation reports (verification of sound driving records);
1. Articles 148-2(1)1 and 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. The grounds for sentencing under Article 62(1) of the Criminal Act under Article 62(1) of the suspended sentence shall be determined as the same as the order, comprehensively taking into account the following factors: The reason for sentencing under Article 62(1) of the Criminal Act; the gravity of the offense; the degree of punishment; the level of drinking alcohol; the distance from driving; the amount of criminal records exceeding the fine; and the defendant’s age, occupation, character