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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On March 29, 2011, the Defendant was issued a summary order of KRW 2.5 million by the Incheon District Court as a crime of violation of the Road Traffic Act.
On June 25, 2019, at around 21:20, the Defendant driven a ewing-III cargo vehicle in the state of alcohol of about 0.126% of blood alcohol concentration from around 300 meters from the front day of the cafeteria to the front day of the D Hospital located in Seo-gu, Seo-gu, Gwangju, Seo-gu.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the result of the drinking driving control;
1. Previous convictions in judgment: Application of Acts and subordinate statutes of crime and investigation experience data inquiry;
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. The reason for sentencing under Article 62(1) of the Criminal Act in the suspended sentence is that the Defendant was punished by a fine of 1.5 million won in 2005 due to drunk driving, a fine of 1.5 million won in 2008, a fine of 2.5 million won in 201, and a fine of 2.5 million won in 201, and again, he/she was under the influence of alcohol (0.126% in 201), and so, he/she is selected
However, the execution of the sentence prescribed in Article 51 of the Criminal Act, such as the fact that there is no record of punishment exceeding a fine, the last punishment for drinking driving is 2011, and other conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, and circumstances after the crime, etc.