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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 February 12, 2016, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act by the Seoul Central District Court.
On July 27, 2020, at around 00:37, the Defendant driven a Chigh-est car in the state of alcohol alcohol concentration of about 0.191% from the 1km section to the front road of Guri-si, Siri-si.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of running a motor vehicle under the direction of the driver under the direction of the driver under the direction of the driver;
1. Inquiry into the results of the control of drinking driving and making requests for appraisal;
1. Previous convictions indicated in judgment: Application of criminal history records, reply reports (A), investigation reports (former and previous facts) 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 reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant committed the instant crime even though he/she had a record of being punished by a fine due to drunk driving, and that he/she has a high blood alcohol level.
However, considering the fact that the defendant confessions the crime of this case and repents his mistake, the distance of drinking driving is short, and the defendant's age, character and behavior, environment, family relationship, means and result of the crime, and the circumstances after the crime, the punishment as ordered shall be determined in accordance with all the sentencing conditions shown in the arguments of this case.