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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 January 17, 2013, the Defendant was sentenced to a summary order of KRW 4.5 million for a violation of the Road Traffic Act (driving), etc. at the Cheongju District Court Support on the Cheongju District Court on January 17, 2013, and on September 12, 2013, at the Cheongju District Court Support on September 12, 2013, the Defendant was sentenced to a suspended sentence of two years for a total of three times of crimes of the same kind.
On June 29, 2019, at around 23:00, the Defendant driven a DNA car with a blood alcohol concentration of about 0.220% from the 11km section from the front of the Defendant’s residence in Dacheon-si B to the front of the Dacheon-si road.
Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements and investigation report of the employee (the circumstantial report of the employee)
1. Inquiry into the result of the crackdown on drinking driving;
1. A report on investigation, the closure of text messages submitted by the suspect, and photographs;
1. One copy of the investigation report (specific distance for driving) and the E map;
1. Criminal records: Criminal records, inquiry reports, investigation reports (verification of the same type and four times), one summary order, and one copy of judgment shall apply to the application of 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. Probation, orders to provide community service and attend lectures under Article 62-2 of the Criminal Act, and other conditions of sentencing indicated in the records, such as Defendant’s age, occupation, character and conduct, family relationship, and circumstances before and after crimes, shall be determined as ordered by considering the following circumstances:
Unfavorable circumstances: A fine is imposed on the violation of the Road Traffic Act (driving) at least twice in 2001 and on two occasions in 2013, and a suspended sentence of imprisonment is imposed on September 201.