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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 October 25, 2010, the defendant was issued a summary order of KRW 1.5 million by the Changwon District Court for a crime of violation of the Road Traffic Act, and a fine of KRW 2.5 million by the same court on July 14, 2008.
【Criminal Facts】
On May 29, 2019, at around 22:24, the Defendant driven a DNA strawing car under the influence of alcohol content of approximately 16 km from around the 16km section to the front of the cafeteria, in front of the mutually influent restaurant located in the order of the Jeon Chang-gun, Chungcheongnam-gun.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Previous convictions in judgment: Application of Acts and subordinate statutes of investigation report (a copy of summary order of the same kind of power);
1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentence identical to the order shall be determined by comprehensively taking account of various sentencing conditions as shown in the records and arguments of the case, such as the criminal records of the defendant, the nature and risk of the crime of this case, the background of the crime, the degree of the principal offense, the family relationship, the