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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 of the final judgment.
Reasons
Punishment of the crime
[criminal power] On October 2, 2006, the Defendant issued, at the Daejeon District Court, a summary order of KRW 1,500,000,000 as a fine for a violation of the Road Traffic Act, a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act (driving) in the same court on April 30, 207, and on June 13, 201, a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act (driving) in the same court on June 13, 201.
[Criminal facts] On July 30, 2019, at around 00:45, the Defendant driven a D Kanchep vehicle under the influence of alcohol concentration of about 0.062% at a section of about 100 meters from the front side of the Seo-gu Daejeon to the front side of the said C, while under the influence of alcohol leveling to about 0.062%.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving, and report on the circumstances of drinking drivers;
1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;
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;
1. It is recognized that Article 62(1) of the Criminal Act recognizes that the suspension of execution is a serious crime that causes not only his/her drinking or unlicensed driving but also another person's life and body.
Although the defendant had a record of being punished as a fine due to drinking, he is driving under the influence of alcohol while drunk with 0.062% of alcohol level due to influence of drinking, and the crime is heavy in light of the risk and the seriousness of harmful effects of drinking driving.
1. Article 62-2 of the Criminal Act;