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A defendant shall be punished by imprisonment with prison labor for up to 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
On June 2, 2019, at around 03:18, the Defendant driven Bho-do car at approximately 60km from the street in front of the new sub-dong located in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do to the point of Busan in the 281.2km located in Daejeon-gu, Chungcheongnam-gu.
Summary of Evidence
1. Defendant's legal statement;
1. A traffic accident report;
1. A report on the actual state of the driver;
1. Notification of the control of drinking driving;
1. A statement on criminal records, etc.;
1. Application of Acts and subordinate statutes to investigation reports (Attachment to a summary order);
1. Article 148-2(2)3 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime
1. Article 62 (1) of the Criminal Act;
1. The grounds for sentencing under Article 62-2 of the Criminal Act include the following facts: (a) the Defendant committed the instant crime once again even though he/she had been punished twice due to drinking driving; (b) the social harm to drinking driving of the instant case is so great that it is necessary to strictly punish the instant crime; (c) unfavorable circumstances such as the occurrence of a traffic accident due to drinking driving of the instant case; (d) the confession of the Defendant; and (e) favorable circumstances such as the Defendant’s confession, and the fact that the Defendant has no criminal record other than the fine; and (e) other favorable conditions such as the Defendant’s age, character and behavior, environment, the background and motive of the instant crime; and (e) all the sentencing conditions