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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 became final and conclusive.
Reasons
Punishment of the crime
On November 20, 200, the Defendant issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act at a wooden branch of the Gwangju District Court on November 20, 200, and a summary order of KRW 5 million for the same crime in the same court on September 25, 2013.
Nevertheless, at around 22:02 on December 21, 2019, the Defendant driven a e-pug car while under the influence of alcohol content of about 0.117% at a distance of about 700 meters from the D store located in the same city as the D store in the same city.
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 copy of the results of the regulation on drinking driving, investigation report (report on the status of drinking drivers), the report on the state of drinking drivers, and a copy of the register of drinking-free meters used; and
1. Application of Acts and subordinate statutes to investigation reports (Attachment of the same type of power), criminal records, and reply reports on criminal records;
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. Even though a suspended sentence was imposed several times for the same kind of crime as the sentencing of Article 62(1) of the Criminal Act, the crime is not less complicated in light of not only the same crime has been committed again but also the blood alcohol concentration level and the process of detection of drunk driving.
Therefore, the execution of punishment shall be suspended only once in consideration of the fact that the punishment is more severe than the fine until now, and other circumstances such as the age, character, family environment, etc. of the defendant.