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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 November 10, 2006, the Defendant received a summary order of KRW 5 million from the Incheon District Court to a fine of KRW 1 million due to a violation of the Road Traffic Act (driving) and a summary order of KRW 2 million from the Jung-gu District Court to a fine of KRW 2 million due to a violation of the Road Traffic Act (driving).
On August 27, 2020, the Defendant driven a Fpoter II cargo vehicle with approximately 600 meters alcohol level 0.179% under the influence of alcohol level 0.179% from the front of the “C cafeteria” road located in Goyang-gu Seoul Metropolitan City B to the front of the “E cafeteria” road located in the same Gu D.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. The defendant's legal statement notification (A), the statement report on the circumstances of the driver involved in drinking, investigation report (report on the circumstances of the driver involved in drinking), criminal records, etc., and the application of Acts and subordinate statutes of a summary order;
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 of Article 62-2 of the Criminal Act, despite the fact that the defendant was sentenced to a fine four times due to the crime of drunk driving, also committed the crime of drunk driving.
The drinking volume is high.
This is an unfavorable circumstance to the defendant.
Defendant is recognized to commit crimes.
The driving distance is short.
The last punishment of the defendant for the crime of drunk driving is 2010, and there is no record that the defendant has been punished for the crime of drunk driving.
This is favorable to the defendant.
The punishment as ordered shall be determined by comprehensively taking into account the following circumstances, including the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance of the crime, and various sentencing conditions prescribed in Article 51 of the Criminal Act after the crime is committed.