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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Reasons
Punishment of the crime
[criminal power] On November 24, 200, the Defendant was issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act in the Gunsan Branch of the Jeonju District Court on November 24, 2000, KRW 3 million for the same crime, etc. in the Daejeon District Court Seosan Branch of the Daejeon District Court on March 22, 2010, and KRW 3 million for the same crime in the Jeonju District Court’s Militarysan Branch of the Jeonju District Court on February 3, 2016.
【Criminal Facts】
Although the Defendant had been punished twice or more due to drinking driving, on April 11, 2019, at around 22:10, the Defendant driven CMW car under the influence of alcohol with approximately 100 meters alcohol concentration of 0.236% from the 100-meter section from the day front of the mutually influence cafeteria in the YU-si, YU-si to the same city B Studio in the same city.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Written response to the request for appraisal;
1. Previous for judgment: Criminal history records, inquiry reports, investigation reports (Attachment to a summary order of the same kind of power), and application of two copies of the summary order under two Acts and subordinate statutes;
1. Relevant legal provisions on criminal facts, Articles 148-2(1)1 and 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment [the punishment for three times due to drinking driving in 200; 200; 2010; and 2016; 3 times due to drinking driving in 2016; 0.236% of the blood alcohol concentration (the blood alcohol concentration measured 0.163%) was high (the blood alcohol concentration measured 0.163%).
[Consideration]
1. Article 62 (1) of the Criminal Act on the suspension of execution (it shall be considered that there is only the punishment of a fine once for a crime other than the past penal records);
1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;