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A defendant shall be punished by imprisonment for a term of one year and two 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 19, 2007, the Defendant received a summary order of KRW 2 million for a violation of the Road Traffic Act (driving) from the Seosan Branch of the Daejeon District Court on April 19, 2007. On June 21, 2007, the Defendant received a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) from the Seosan Branch of the Daejeon District Court.
【Criminal Facts】
At around 02:50 on December 18, 2019, the Defendant driven a DM5 car with a blood alcohol concentration of approximately 0.154% in the section of approximately 125 meters from the Do in front of the Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do, to the front road of the Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control of drinking driving;
1. On-site photographs;
1. Application of Acts and subordinate statutes to criminal records, etc., investigation reports, and investigation reports (verification of the same type of power);
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Grounds for sentencing under Article 62-2 of the Criminal Act: The degree of the principal of this case, details of crackdown, defendant's like records, character and conduct, environment, etc. of the defendant;