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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 becomes final and conclusive.
Reasons
Punishment of the crime
On March 10, 2011, the Defendant was sentenced to a fine of two million won due to a violation of the Road Traffic Act in the Gwangju District Court’s net support on March 10, 201, and a fine of four million won due to the same crime in the same court on January 16, 2018.
On September 8, 2019, at around 11:50, the Defendant driven Cubex vehicle under the influence of alcohol concentration of about 0.283% from the 3.7km section to the front of the same city from the roads adjacent to the special-purpose metropolitan area of a specific scam-to-face in a specific city of 11:50,000 to the front of B.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);
1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or 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. According to the Road Traffic Act amended for the reason of sentencing under Article 62-2 of the Criminal Act, the sentence identical to the order shall be determined by comprehensively taking account of various sentencing conditions shown in the records and arguments of the instant case, including the period of punishment strengthened, the criminal records of the Defendant, the period of time with the previous drunk driving force, the degree of blood alcohol concentration of the Defendant at the time of driving of the instant case, the occurrence of the accident, the driving distance of the Defendant, the defendant's reflectness