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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 June 26, 2012, the Defendant issued a summary order of KRW 3 million as a crime of violation of the Road Traffic Act at the Seoul Central District Court and KRW 1.5 million as a fine at the Seoul Eastern District Court on December 23, 2011.
On October 15, 2019, at around 00:50, the Defendant driven a E-high-est car with approximately 300 meters alcohol concentration 0.053% under the influence of alcohol, from around 00 meters to the front road of the area D in Seongbuk-gu, Sungnam-si, Sungnam-si.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Reporting on detection of violations of the Road Traffic Act and reporting on the situation of driving under the influence of alcohol;
1. Previous records: Criminal records, investigation reports (Attachment to attached records of the same kind of judgment), and application of statutes of the judgment;
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 Code of the community service order and the defendant had been punished twice for the same crime, but again committed the crime of this case.
However, the sentence shall be determined as ordered by taking into account all the sentencing conditions specified in the records and arguments of this case, such as the fact that the defendant committed a mistake correctly, the fact that there is no previous conviction exceeding a fine, the blood alcohol content is relatively high, the occurrence of an accident, the age, character, career, environment, the circumstances and result of the crime, etc., and the circumstances after the crime.