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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal power] On April 30, 2007, the Defendant issued a summary order of KRW 1 million at the Gwangju District Court as a crime of violation of the Road Traffic Act, and KRW 1.5 million as a crime of violation of the Road Traffic Act at the Gwangju District Court on October 16, 2013.
【Criminal Facts】
around 00:10 on October 29, 2019, the Defendant driven an Esch Rexroth car under the influence of alcohol level of 0.122% from the Cju store located in Gwangju Mine-gu to the front road of the same Gu.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Previous convictions in judgment: Application of investigation reports (verification of criminal records committed under the influence of a suspect) 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The sentencing of Article 62-2 of the Criminal Act, including the criminal records of the defendant, the nature and risk of the crime of this case, the background of the crime, the degree of taking the crime, the family relationship, the health condition of the defendant, and the possibility of recidivism, shall be determined by taking into account the various sentencing conditions as shown in the records and arguments of this case.