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Defendant shall be punished by imprisonment for a term of one year and two 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 May 7, 2015, the Defendant received a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act (driving) in the support of the Daejeon District Court on the Incheon District Court.
【Criminal Facts】
On August 7, 2019, the Defendant had a record of violating the prohibition of drunk driving, but driven B 2 truck in the section of about 800 meters from the finite her trade name on the side before Sejong City while under the influence of alcohol level of 0.079% on August 7, 2019 to the front of the finite in the control of the arm’s length before Sejong City.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual state of the driver;
1. Notification of the control of drinking driving;
1. Previous records before ruling: Criminal records, references to each disposition, previous records, results of confirmation, and application of Acts and subordinate statutes of each summary order;
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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Probation and education order: The fact that a person was punished by a fine not less than twice due to drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act and the fact that the person committed an offense and the degree of blood alcohol alcohol