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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 three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On April 10, 2017, the Defendant issued a summary order of KRW 2 million at the Cheongju District Court as a crime of violation of the Road Traffic Act.
At around 00:20 on October 4, 2019, the Defendant driven a DNA-learning car in the section of about 1 km to the front road of the “C cafeteria” located in the Cheongju-gu Soak-gu, Chungcheongnam-gu, Cheongju-si, from the influence of the blood alcohol concentration of 0.119%.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control of drinking driving;
1. A report on the actual state of the driver;
1. Previous records before ruling: Application of criminal records, investigation reports, and Acts and subordinate statutes;
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. Although the defendant with the reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act has been punished three times for the same crime, he/she has no record of punishment heavier than the fine.
In the future, the defendant does not repeat the crime and is able to live faithfully.
In addition, the punishment shall be determined as ordered in consideration of various conditions of sentencing as shown in pleadings, such as the age, character and conduct of the accused, motive, means and result of the crime.