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Defendant shall be punished by imprisonment for a term of one year and six months.
However, the above sentence shall be executed for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On February 23, 2009, the Defendant was sentenced to a summary order of one million won by a fine for a violation of the Road Traffic Act at the Busan District Court on February 23, 2009; on February 10, 2012, the Defendant was sentenced to a summary order of three million won by a fine for a violation of the Road Traffic Act (driving) at the Busan District Court’s branch branch; on April 23, 2014, the Defendant was sentenced to a suspended sentence of six months by imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Busan District Court’s Busan District Court’s Busan District Court’s branch branch branch.
On July 28, 2019, the Defendant, who was punished for drunk driving, driven a d SM520 vehicle under the influence of alcohol level of about 0.089% from around 200 meters to the front road of the C building, where the trade name in the captain-gun B is unknown, around 22:55, 2019.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to the Report on Control of Drinking Driving, Report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), inquiry report, investigation report, and investigation report (verification of the same kind of power);
1. Relevant Article 148-2 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Probation and the reasons for sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined in consideration of all the sentencing conditions, such as the criminal records, blood alcohol density, age, environment, character and conduct, the details and result of the crime, and the circumstances after the crime;