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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 April 21, 2017, the Defendant received a summary order of a fine of KRW 3 million for the crime of violating the Road Traffic Act (driving) from the Jung-gu District Court Goyang Branch on April 21, 2017
On November 1, 2019, at around 23:30, the Defendant driven G Lone Star car while under the influence of alcohol content of about 0.108% from the 3km section of approximately 3km to the adjacent EF road located in Scheon-si B.
Summary of Evidence
1. Statement by the defendant in court;
1. Making a report on the control of drinking driving;
1. Previous records of judgment: Criminal records, inquiry reports, and the application of Acts and subordinate statutes;
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. There is a record of punishment for drinking driving even before the defendant's reasons for sentencing Article 62-2 of the Criminal Code of the Order to Attend the lecture.
Nevertheless, the crime of this case was committed while driving under the influence of 0.108% of the blood alcohol concentration in the second blood.
However, considering the fact that the defendant is recognized as committing a crime, the fact that the defendant is living against the defendant in an economically difficult situation, there are family members to support the defendant, and the majority of the defendant's will want to have a preference, etc., in favor of social ties, such as the fact that social ties seems clear.
The punishment as ordered shall be determined by comprehensively taking into account the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record.