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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, 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
On September 2, 2015, the Defendant was sentenced to a summary order of KRW 3 million for a crime of violating the Road Traffic Act (driving) in the Seocheon Branch of Daejeon District Court on September 2, 2015, and on December 23, 2016, the Defendant was sentenced to a fine of KRW 5 million for a crime of violating the Road Traffic Act (driving) in the Seocheon Branch of Daejeon District Court on December 23, 2016.
On May 2, 2019, at around 03:10, the Defendant driven a 100-meter knife vehicle with blood alcohol content of 0.142% while under the influence of alcohol from the front of the road at Asan City B to the front of the D convenience store located in Asan City C.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the state of drinking drivers, investigation report (report on the state of drinking drivers), inquiry report on the control of drinking driving, and notification of the results of the control of drinking driving;
1. Previous records of judgment: Application of criminal records, inquiry records (A), case inquiry, summary order or copy of judgment (2 cases);
1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reasoning for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service is as follows: (a) although the Defendant was punished by a fine for driving under the influence of alcohol even in 2015 and 2016 as seen earlier, he/she again conducted the instant drinking operation; (b) the blood alcohol concentration at the time of driving under the influence of alcohol in 2015 and 2016 as well as the blood alcohol concentration at the time of driving under the influence of alcohol in 2015 and