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A defendant shall be punished by imprisonment for two years.
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 November 21, 2018, the Defendant received a summary order of KRW 5 million as a crime of violating the Road Traffic Act (driving) from the Changwon District Court through the Changwon District Court.
Although the Defendant violated the prohibition of drunk driving, the Defendant driven a FSP car in the state of under the influence of alcohol 0.168% at the section of approximately 12km from the front of the “CM store” in the city of 21:00 SP on March 2, 2020 to the front of the “Etho-si D” on the road in the city of 12km to the road of the Etho-si.
Summary of Evidence
1. Defendant's legal statement;
1. Statement;
1. Notification of the control of drinking driving;
1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, application of a copy of summary order Acts and subordinate statutes;
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. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Probation, etc. Act, including the details leading to driving under the influence of alcohol in this case, the level of drinking alcohol, and the distance of driving under the influence of alcohol in this case. In particular, the defendant, in consideration of all circumstances, including the defendant's previous records of criminal punishment for driving under the influence of alcohol, the defendant's attitude after regulating driving under the influence of alcohol in this case, etc., shall be determined as ordered.