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Defendant shall be punished by imprisonment for a term of one year and six months.
except that the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
[criminal history] On July 4, 2017, the Defendant was issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) in the Gwangju District Court’s Netcheon Branch.
[2] On August 6, 2020, the Defendant driven a Fran vehicle under the influence of alcohol leveling 0.134% of alcohol leveling from approximately 300 meters to E front roads located in 1,000 in 1,00 Ma, from August 6, 2020 to E front roads located in 1,000 Ma.
Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating drinking driving;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a copy of a summary order;
1. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (wholly amended by Act No. 17371, Jun. 9, 2020); the selection of imprisonment for a crime
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the sentencing of the suspended sentence is based on the following factors: (a) the Defendant’s blood alcohol concentration and age, sex, environment, criminal records (the records of being sentenced to a fine for the same kind of crime), driving distance of drinking, circumstances after committing the crime (the driving of drinking, led to a traffic accident involving road structures as a result of driving alcohol), and all of the sentencing factors in the trial process of the instant case at the time of the instant case; and (b) the sentence is determined as ordered.