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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal power] On July 9, 2007, the Defendant was sentenced to a fine of KRW 1.5 million by the Gwangju District Court for a violation of the Road Traffic Act (driving) and a fine of KRW 1.5 million by the Gwangju District Court on February 21, 2014.
【Criminal Facts】
At around 22:50 on January 27, 2020, the Defendant driven a D-fluoron car over approximately 1 km section from the front day of the mountain veterans hospital in the Gwangju Mine-gu to the front road located in the Gwangju Northern-gu, Gwangju, under the influence of alcohol by 0.201% of alcohol concentration.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. A response to the request for appraisal, and a written appraisal of blood alcohol concentration;
1. Previous conviction: Application of Acts and subordinate statutes to report summary order attached;
1. Relevant Articles 148-2 (1) and 44 (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. The sentencing of Article 62-2 of the Criminal Act, including the criminal records of the defendant, the nature and risk of the crime of this case, the background of the crime, the degree of taking the crime, the family relationship, the health condition of the defendant, and the possibility of recidivism, shall be determined by taking into account the various sentencing conditions as shown in the records and arguments of this case.