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A defendant shall be punished by imprisonment for not less than two years and six months.
However, the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On September 18, 2012, the Defendant was issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act at a wooden branch of the Gwangju District Court on September 18, 2012 and KRW 4 million for the same crime in the same court on February 5, 2018.
Nevertheless, the Defendant, while under the influence of alcohol around 18:40 on October 30, 2019, driven a f-wing truck from around 4 km to the front road of the “C” located in the Jeonnam-gun, Military, and the front road of the “E” located in D, the Defendant driven a f-wing truck from around 0km to the “E” located in D.
As a result, the Defendant violated the obligation of “the prohibition of driving under the influence of alcohol” at least twice.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the occurrence of a traffic accident, a traffic accident report, a field photograph of a traffic accident, a notice of the results of the control of drinking driving, a statement on the circumstances of a drinking driver, and an investigation report;
1. Application of each of the Acts and subordinate statutes of one copy of the criminal record, reply statement, and summary order;
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;
1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act has been punished as a drinking-driving on several occasions, and the last one year has not passed since the punishment was punished, and the blood alcohol concentration level is very high.
However, considering the fact that there is no punishment heavier than the fine for the same crime, the period of suspension of execution shall be five years, and community service is ordered in the sense of self-esteem.