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A defendant shall be punished by imprisonment for a term of one year and four 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
The Defendant, at the Changwon District Court on September 16, 2008, received a summary order of a fine of KRW 1.5 million for a crime of violating the Road Traffic Act, and on September 1, 2014, received a summary order of KRW 2 million for the same crime in the Changwon District Court’s territorial branch branch on September 1, 2014, and was sentenced to a suspended sentence of KRW 2 million for the same crime in the same court on June 10, 2016.
On December 1, 2020, the Defendant driven a F Kazon vehicle under the influence of alcohol content of about 20 meters at approximately 0.069% while under the influence of alcohol at approximately 0.069%, from the road near C, located in D, to the neighboring road located in D.
Accordingly, the Defendant violated the prohibition of drinking alcohol driving more than twice.
Summary of Evidence
1. Application of the defendant's legal statement drinking driving control report and other inquiry statement (A), investigation report (verification of criminal records of the same kind), judgment, and copy of the summary order statutes;
1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The sentencing grounds of Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc., shall be determined as ordered by taking into account the circumstances leading to driving of the instant drinking, including the degree of drinking alcohol at the time, the criminal punishment due to the previous criminal act of the defendant, and all other circumstances, including the criminal punishment due to the previous criminal act