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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On August 22, 2011, the Defendant was issued a summary order of KRW 2 million as a crime of violating Road Traffic Act (drinking driving) by the Seoul Western District Court on August 22, 201.
Criminal facts
On November 9, 2020, the Defendant driven a car from approximately 400 meters away from the Do in front of Incheon Bupyeong-gu to the road located in Incheon Bupyeong-gu, Incheon, while under the influence of alcohol 0.137% among blood transfusion around 01:49.
Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. Statement report on the circumstances of a driver who is placed in the main place, investigation report (report on the circumstances of the driver who is placed in the main place), and notification of the results of
1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;
1. Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning facts constituting an offense;
1. Selection of an alternative imprisonment with prison labor (Consideration of the defendant's drinking records, etc.);
1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act for Reduction of Small Quantity ( currently, the defendant is able not to drive alcohol in the future as he/she repents his/her mistake in depth);
being taken into account, such as being in progress)
1. Article 62 (1) of the Criminal Act ( repeatedly considering the aforementioned circumstances);
1. An order to attend a course under Article 62-2 of the Criminal Act;