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A defendant shall be punished by imprisonment for one year.
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 December 4, 2008, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act, and a fine of KRW 2 million as a fine in the same court on September 12, 2013.
On January 16, 2020, at around 20:40, the Defendant driven a D Ecoo motor vehicle under the influence of alcohol content of about 0.048% in the 5km section from the front point of “C” in the Nam-si, Namyang-si, the Do in front of the main point of “C” in the Namyang-si, the Namyang-si, the roads located in 1846, Namyang-si.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Investigation report (Report on the status of an employee);
1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;
1. Previous convictions indicated in judgment: Application of two Acts and subordinate statutes, such as criminal history records, investigation reports (verification of the same kind of force), and summary orders;
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. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant was punished for each violation of the Road Traffic Act around 2008 and around 2013.
The punishment shall be determined as ordered by comprehensively taking into account the following circumstances, such as the distance with the previous penal force as above, the blood alcohol level of the defendant, the age and character of the defendant, family relation, the motive and means of the crime, and the circumstances after the crime.