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A defendant shall be punished by imprisonment for not less than eight 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
[criminal power] On January 9, 2015, the Defendant was issued a summary order of a fine of KRW 3 million with the same crime on February 27, 2015 at the Chungcheong District Court’s Cheongju Branch on the following grounds: (a) a person who has the record of violating the Drinking Driving Act on at least two occasions, such as having been issued a fine of KRW 4 million with the same crime in the same court on February 27, 2015.
【Criminal Facts】
On March 15, 2019, at around 04:30, the Defendant driven a sports cargo vehicle in Eco, while under the influence of alcohol 0.110% in approximately 1 Km section from March 15, 2019 to D in front of the same city.
Summary of Evidence
1. Defendant's legal statement;
1. The actual condition survey report;
1. Notification of the control of drinking driving;
1. Criminal records: Criminal records, reply reports on criminal records, investigation reports (verification of the same kind of power), and application of Acts and subordinate statutes attached to two summary orders;
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. 15530, Mar. 27, 2018);
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Probation, community service order, order to attend education under Article 62-2 of the Criminal Act shall be selected by taking into account the period of recidivism, blood alcohol density, criminal records, etc.; however, a sentence shall be determined within the scope of discretionary mitigation, the execution of a sentence shall be suspended, and probation, community service order and order to attend education shall be added, taking into account the circumstances after the crime is committed, and other sentencing conditions;