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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 three years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
On August 2, 2020, at around 17:50, the Defendant driven an E rocketing car with approximately 17km alcohol concentration of about 0.323% from the 17km section to the front road of the Cheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun.
Summary of Evidence
1. Legal statement, report on the occurrence of a traffic accident, actual condition survey report, and scene photograph of the accident;
1. Application of Acts and subordinate statutes to a drinking driver, a report on the circumstantial statement, an investigation report, notification on the results of the control of drinking driving, and the results of the control of drinking driving;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. It shall be particularly considered that the reason for sentencing under Article 62(1) of the Criminal Act is reflective to the defendant, the absence of any same record, the distance of drinking driving and the degree of drinking, etc.