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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
On July 22, 2010, the Defendant was sentenced to a fine of KRW 1,50,000 as a crime of violation of the Road Traffic Act, and a fine of KRW 3 million as a crime of violation of the Road Traffic Act at the Seoul Northern District Court on September 8, 2016, respectively.
On March 3, 2020, the Defendant was under the influence of alcohol level of 0.094% on blood alcohol level around 01:04 on March 3, 2020, and the Defendant driven DNAS car from the frontway of Dobong-gu Seoul Metropolitan Government to C in front of the Government.
Accordingly, the defendant was driving under drinking not less than twice.
Summary of Evidence
1. Report on the defendant's legal statement, the results of the drinking driving control, and the statement on the state of drinking drivers;
1. On-site photographs, etc. of 112 reported case handling lists;
1. Previous records of judgment: Inquiry letters, investigation reports (Attachment to a copy of judgment of sound driving skills), copy of judgment, and 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, committed the instant crime even though he/she had been punished for a violation of the Road Traffic Act in 2001, 2002, 2010, and 2016.
The punishment shall be determined as ordered by comprehensively taking into account the frequency and interval of the previous penal force as above, the blood alcohol concentration of the instant case, the age, character and conduct, family relationship, motive and means of the crime, circumstances after the crime, and other various sentencing conditions shown in the records and arguments of the instant case.