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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 four years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On May 26, 2011, the Defendant was sentenced to a summary order of KRW 2 million by a fine for a violation of the Road Traffic Act at the Cheongju District Court on May 26, 201, a summary order of KRW 7 million by a fine for a violation of the Road Traffic Act (driving) at the Cheongju District Court on April 2, 2012, and a summary order of KRW 7 million was issued by the Cheongju District Court on November 22, 2012.
On February 21, 2020, at around 03:20, the Defendant driven B K5 cars while under the influence of alcohol at about 20km section from the front of the 20km-gun Macheon-gun, Macheon-gun to the front of the 269.4km Seoul km-ro.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;
1. Application of Acts and subordinate statutes of Part II to criminal records, inquiry reports, investigation reports (verification of the same type of force), one written judgment, and summary orders;
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. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act, including probation, community service, and order to attend a lecture, is to strictly punish the defendant in that the defendant committed the crime of drinking alcohol driving in this case, even though he had a five-time criminal record of drinking driving.
However, in order to prevent recidivism in full view of the following circumstances: (a) the Defendant recognized the instant crime; (b) the Defendant’s previous conviction was committed prior to around 2012; (c) the degree of blood alcohol level and driving distance; and (d) the Defendant’s age, character and conduct, and circumstances before and after the instant crime; and (c) the sentencing conditions specified in the instant records and arguments, such as the instant case’s records and arguments, the probation, community service, and the attendance order is subject to suspended sentence only once under the condition that the offender