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A defendant shall be punished by imprisonment with prison labor for not more than ten 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 3, 2014, the Defendant received a summary order of KRW 1.5 million from the Incheon District Court to a fine of KRW 1.5 million, and a summary order of KRW 4 million from the Suwon District Court to the same crime on June 17, 2015, respectively.
On April 20, 2019, at around 02:00, the Defendant driven Dworka car under the influence of alcohol by 0.111% in a section of about 50km from the front of the road located in the Busan Metropolitan City Shipping Daegu B to the Gyeong-gun, Ulsan-gun, Ulsan-gun, Seoul-do, to the Gyeongnam Highway (Seoul-do 35km point).
As a result, the Defendant, who violated the prohibition of drunk driving at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), and inquiry into the results of the crackdown on drinking driving;
1. Previous records: Application of criminal records and investigation reports (Attachment of the same criminal records) and statutes;
1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) applicable to the crime;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Determination of probation and community service order under Article 62-2 of the Criminal Act shall be made by taking into account the following factors: (a) the fact that probation and community service order had a previous and four times of fines for the same kind of punishment for the reason of sentencing; (b) the fact that they were not subject to actual accidents; and (c) the degree of