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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 July 20, 2007, the Defendant was issued a summary order of KRW 1 million on the grounds of a violation of the Road Traffic Act (driving in drinking), and a fine of KRW 3 million on August 10, 201, in the official support of the Daejeon District Court, the Defendant was issued a summary order of KRW 3 million on the grounds of a violation of the Road Traffic Act (driving in drinking).
On October 6, 2020, the Defendant driven a ENA-si car at around 01:00, under the influence of alcohol content of approximately 0.061% from the 15km section from the front road of the Association C located in Nam-gu, Southern-gu, Chungcheongnam-gu, Seoul, to the front road of the building D in the same city.
Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement report on the situation of the driver who is placed in driving, investigation report (report on the situation of the driver who is placed in driving in driving in driving), notification of the results of regulating the driving of drinking, the ledger using the drinking measuring instrument,
1. Previous convictions: Inquiry about criminal history and the application of Acts and subordinate statutes concerning investigation status;
1. Articles 148-2 (1) and 44 (1) of the Road Traffic Act applicable to the facts constituting an offense;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is to be recognized and reflected by the defendant's wrongness, the defendant's consciousness and desire to take the defendant's wife while living together, the defendant committed the crime of this case again even though he had been punished twice due to the same kind of crime, and the defendant committed the crime of this case again. The defendant's age, sexual behavior, environment, motive, means and result of the crime, circumstances after the crime, and other various sentencing conditions shown in the arguments of this case shall be determined as ordered in consideration of the alcohol concentration and driving distance, and the defendant's age, sex, environment, motive, means and result of the crime.