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A defendant shall be punished by imprisonment for two years.
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
[Criminal Power] On August 28, 2015, the Defendant was issued a summary order of KRW 5 million for a violation of the Road Traffic Act (driving) in the Daejeon District Court’s collegiate mountain support on August 28, 2015, and on August 25, 2017, the same court issued a summary order of KRW 5 million for a violation of the Road Traffic Act (driving).
【Criminal Facts】
On November 10, 2019, at around 17:20, the Defendant driven a DM3 car while under the influence of alcohol content 0.118%, from the front road of the Defendant’s house located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, to the front road of the same city, approximately 12km.
Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the results of drinking control;
1. Previous records of judgment: Criminal records, inquiry reports, and application of statutes governing judgment;
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;
1. Article 62 (1) of the Criminal Act;
1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The circumstances favorable to the receipt of the notification of each of the previous fines by the previous departments on August 8, 2015 and August 2017: The fact that the disposal of vehicles and the disposal of the vehicles are deemed to be against his/her wrongness; the fact that there is no previous conviction exceeding the fine; and the fact that there is no previous conviction in excess of the fine; the defendant’s age, character and conduct, environment, criminal records, criminal records, circumstances after the crime, and all the conditions for sentencing specified in the arguments in the instant case, such as the circumstances after the crime, etc.