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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 October 7, 2016, the Defendant was issued a summary order of KRW 5 million by the Gwangju District Court due to a crime of violation of the Road Traffic Act.
On January 3, 2020, at around 23:53, the Defendant driven a F K5 vehicle while under the influence of alcohol content of about 900 meters from the roads adjacent to the B apartment in Gwangju Northern-gu, to the front road in the same Gu E, while under the influence of alcohol content of about 0.158%.
Accordingly, the defendant has driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drunk driving.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the control of drinking driving;
1. Previous records: Application of inquiries, such as criminal records, and the Acts and subordinate statutes attaching a copy of the same criminal summary order;
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, even though the Defendant was punished by a fine due to drunk driving in 2016, he/she again drives under the influence of alcohol within a relatively short period, and the blood alcohol concentration (0.158%) was high, thereby sentenced to imprisonment.
However, if the defendant excluded the above punishment power, there is no punishment power, the distance of drinking driving (900m) was relatively short, the vehicle is disposed of, and other factors such as the defendant's age, character and behavior, environment, and circumstances after the crime, the execution is suspended by comprehensively considering the sentencing conditions stipulated in Article 51 of the Criminal Act.