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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
[criminal power] On June 2, 2008, the Defendant was issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act (driving) at the port branch of the Daegu District Court on the same day. On February 19, 2009, the Defendant was sentenced to a fine of KRW 2.5 million for the same crime from the Suwon District Court's Ansan Branch Branch on the same day, from the Daegu District Court's Branch Branch on June 1, 2012 to a fine of KRW 4 million for the same crime, and on October 8, 2012, from the same court, the Defendant was sentenced to a suspended sentence of two years for eight months for the same crime.
【Criminal Facts】
On October 29, 2019, around 03:02, the Defendant driven a DNA-type car with a blood alcohol level of 0.174% under the influence of alcohol level of about 400 meters from the Do near north-gu B at Port to the front road of the same Gu C.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the statement of the situation of a drinking driver, each inquiry into the results of the control of drinking driving, and an investigation report (on the surface of the site of the control of drinking driving confirmed by CCTV for crime prevention);
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (Attachment to judgment of records of sound driving);
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. Probation, community service or order to attend lectures under Article 62-2 of the Criminal Act;