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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
【Criminal Power】 On October 6, 2010, the Defendant was sentenced to a suspended sentence of two years for a period of ten months by imprisonment with prison labor for a violation of the Road Traffic Act at the Suwon District Court’s Eunpyeong Housing Site.
【Criminal Facts】 Around 08:45 on March 29, 2020, the Defendant driven a Chodo motor vehicle under the influence of alcohol concentration of about 0.196% from the 7km section of approximately 7km to the front of the same city in the vicinity of the Song-si Military Branch to the front of the same city.
As a result, the defendant violated the prohibition of drunk 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. Previous records: Application of criminal records, inquiry reports, investigation reports (Attachment to the same type of judgment) and other Acts and subordinate statutes;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act;
1. The reasons for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service are as follows: (a) comprehensively taking account of the circumstances surrounding the Defendant’s drunk driving, the criminal records of the Defendant, the age, character and conduct of the Defendant, and other factors of sentencing under Article 51 of the Criminal Code as stated in the records of the instant case