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A defendant shall be punished by imprisonment for not less than one year and six months.
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 September 3, 2018, the Defendant was issued a summary order of KRW 2 million by the Gwangju District Court as a crime of violation of the Road Traffic Act.
On September 29, 2019, at around 18:44, the Defendant driven a Doz vehicle under the influence of alcohol content of about 0.104% from the 10km section to the roads near the Mar Elementary School located in Gwangju Dong-gu, Gwangju Dong to the roads near the C elementary school located in Gwangju Dong-gu.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control of drinking driving;
1. Previous records: Application of one copy of inquiry report and summary order, such as criminal records;
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of Imprisonment or 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 Act is that the Defendant was punished by a fine of KRW 700,000 for a drunk driving in 204 and a fine of KRW 2 million for a year 2018, and the blood alcohol concentration (0.104%) is not low, and the Defendant is selected to imprisonment with prison labor on the grounds that there are no grounds for special consideration as to the circumstances during which a drunk driving was conducted.
However, the execution of the sentence prescribed in Article 51 of the Criminal Act shall be suspended in comprehensive consideration of the fact that the defendant has no record of punishment exceeding a fine, the recognition of the crime of this case, and other factors such as the defendant's age, character and conduct, environment, and circumstances after the crime, and the order to attend the compliance driving lecture.