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Defendant shall be punished by imprisonment for a term of one year and 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
【Criminal Power】 On May 15, 2009, the Defendant was issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District Court.
【Criminal Facts of Crimes】 On November 21, 2019, the Defendant driven a DNA SM5 vehicle while under the influence of alcohol of about 0.120% in a section of about 10 meters from the street near the B basin to the route near the C hotel.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the situation of a drinking driver, investigation report (report on the status of a drinking driver), and inquiry into the results of the crackdown on drinking driving;
1. Previous records: Application of criminal records, inquiry reports and summary order-related Acts and subordinate statutes;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and 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. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order was that the Defendant had been punished once by a fine due to drunk driving, but the Defendant re-driving the vehicle.
On the other hand, it is against the defendant's wrong recognition.
Alongly, it was limited to a simple drinking driving without any human or material damage.
The punishment as ordered shall be determined in consideration of all the sentencing factors indicated in the pleadings of this case, such as the circumstances mentioned above, the driving distance, the blood alcohol concentration at the time, the time and distance between the crime of drinking alcohol and the crime of drinking alcohol in this case, the time distance between the crime of drinking alcohol in the past and the crime of drinking alcohol in this case, the age, character and conduct