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The punishment of the accused shall be determined by a year of imprisonment.
Provided, That the above punishment shall be imposed for two years after the judgment becomes final and conclusive.
Reasons
Punishment of the crime
On March 31, 2008, the Defendant was issued a summary order of one million won or more as a fine for a violation of the Road Traffic Act in the Hongsung branch of the Daejeon District Court.
On March 22, 2020, at around 02:35, the Defendant driven a DNA stringing car with the blood alcohol concentration of about 0.077% at a section of about 30km from the front of a restaurant where it is impossible to know the trade name in the Sinnam Red-gun B.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control of drinking driving;
1. Previous records of judgment: Application of criminal records, repeated statements, and copies of summary order 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 punishment shall be determined by comprehensively taking into account various factors of sentencing, including the fact that there is a great need to eradicate drinking driving with the reason of sentencing under Article 62-2 of the Criminal Act, the degree of blood alcohol concentration, the fact that the defendant does not repeat a crime, and the age, family, occupation, criminal record, environment, etc. of the defendant;