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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
[Criminal Power] On October 12, 2015, the Defendant was issued a summary order of KRW 1 million at the Changwon District Court as a crime of violation of the Road Traffic Act (driving).
【Criminal Facts】
On June 11, 2020, at around 00:30 on June 11, 2020, the Defendant driven BM3 car in the state of alcohol alcohol concentration of 0.125% from the three kilometers from the Do in front of the mutually unclaimed restaurant located in the city of the same city of the city to the front road of the Gu Park Park in the same city of the Dong.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the result of the drinking driving control;
1. Previous records before ruling: Application of criminal records, repeated statements, investigation reports, and 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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentence as ordered shall be determined in full view of all the various circumstances, including the following circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.
Unfavorable circumstances: The harmful effects of drinking driving, considerable level of blood alcohol concentration, etc.: The fact that the defendant repents his/her wrong and reflects his/her wrong, and that the defendant has no record of punishment exceeding the fine, etc.