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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 February 6, 2009, the Defendant was notified of a summary order of a fine of KRW 700,000 for a violation of the Road Traffic Act in the Cheongju District Court's Assistance, and on January 16, 2018, at the third military military court of the Army, the Defendant was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act.
Although the Defendant had a record of violating the prohibition on drunk driving as above, the Defendant driven a car B with the alcohol level of about 0.120% in the section of approximately 2.5 km from May 18, 2020 to the front road of the Dobong Do-dong 1005-17 at the same time, from the front road of the Dobong Do-dong bus Terminal, which was 10,000 Gocheon-dong, on May 18, 2020, while under the influence of alcohol level of about 0.120%.
Summary of Evidence
1. Notification of the defendant's legal statement and the control of drinking driving;
1. Previous convictions indicated in the judgment: Application of one copy of the inquiry report on criminal records, and one copy of the summary order;
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. The reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. shall be determined as the same as the order, taking into consideration all the circumstances, including the developments leading to the driving of the instant drinking alcohol at the time, drinking alcohol, the occurrence of traffic accidents due to drinking, the Defendant’s previous criminal punishment records, etc.