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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 October 20, 2010, the Defendant was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act (driving) at the Cheongju District Court, and on March 21, 2016, the Defendant received a summary order of KRW 5 million by the same court as a crime of violation of the Road Traffic Act (driving).
On March 9, 2020, the Defendant driven a D Bluri-ri car in the state of alcohol alcohol concentration of about 0.116% from the 2km section from the Cheongju-gu B hotel to the Cheongju-si Clju-si, Cheongju-si, the Defendant was under the influence of alcohol concentration of about 0.16%.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;
1. Previous records before ruling: Application of criminal records, repeated statements, investigation reports, and 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 (including the fact that the defendant has no history of criminal punishment heavier than the fine, and that the defendant lives faithfully without reoffending in the future);
1. Article 62-2 (1) of the Criminal Act concerning orders to provide community service and attend lectures;