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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 three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On May 26, 2010, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (refluence of noise measurement) in the Hongsung Branch of Daejeon District Court on May 26, 2010.
At around 14:00 on October 22, 2019, the Defendant driven a Esz-man car in the state of alcohol of about 2k alcohol concentration of about 0.185% from the front side of the C Association located in Chungcheongnam-gun budget Group B to the front side of D.
Summary of Evidence
1. Defendant's legal statement;
1. A traffic accident report (1) (1) (2) (2) (2) (2) (2) and on-site photographs;
1. Notification of the control of drinking driving;
1. Investigation report (report on the circumstances of an immigration driver);
1. Previous records of judgment: Criminal history records, reply reports, and application of Acts and subordinate statutes governing the original judgment;
1. Article 148-2 (1), and Article 44 (1) and (2) of the Road Traffic Act applicable to the facts constituting the crime;
1. Selection of imprisonment;
1. Mitigation of discretionary mitigations under Articles 53 and 55(1)3 of the Criminal Act.
1. Article 62 (1) of the Criminal Act ( repeatedly taking into account the favorable circumstances that are considered as the reasons for sentencing as follows);
1. The fact that the crime was committed with high drinking alcohol level with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act and caused an accident, and the fact that there was a previous conviction to refuse to measure drinking, etc.
The punishment shall be determined like the order in consideration of the favorable circumstances, such as the violation of this, the fact that the person is not directly damaged by the accident, the fact that there is no penalty force exceeding the fine, the health is not good, and the social relationship is obvious.