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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
【Criminal Power】 On February 3, 2017, the Defendant received a summary order of KRW 5 million from the Daejeon District Court to a fine for a violation of the Road Traffic Act.
【Criminal facts】 On September 19, 2019, the Defendant driven D Poter freight at approximately 1km from around the Seo-gu, Seo-gu, Daejeon to the same Gu B apartment Cdong, while under the influence of alcohol at around 0.21% of alcohol level on September 23, 2019.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
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. Criminal records, inquiry reports, investigation reports (Attachment to the same criminal records and a summary order), and application of Acts and subordinate statutes governing the summary order;
1. Relevant Article of the Act on the Crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment; Selection of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act on probation;
1. It shall be decided as ordered on the grounds of Article 62-2 of the Criminal Act or more of orders to provide community service and attend lectures;