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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 three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On April 21, 2014, the Defendant issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act at the Sung-nam branch of Suwon District Court on April 21, 201, and on June 27, 2014, the Defendant issued a summary order of KRW 4 million for the same crime at the Daegu District Court.
On October 23, 2019, at around 01:35, the Defendant driven a F low-speed car with a blood alcohol concentration of about 0.085% under the influence of alcohol in the 1km section from the parking lot of “C” located in “E” located in “E” located in “Guri-si” to the front road of “E” located in “E” in Guri-si.
Accordingly, the Defendant, while under the influence of alcohol, has driven a motor vehicle and violated the prohibition of drunk driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on detection of a suspected victim of violation of the Road Traffic Act, inquiry into the results of the control of drunk driving, report on the situation of drunk driving, and report on the state of alcohol driver's regular statement;
1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports, and 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. Reasons for sentencing under Article 62-2 of the Criminal Act;
1. The scope of punishment by law: Imprisonment with prison labor for a period from one year to two years and six months;
2. No sentencing criteria shall be set;
3. As the Defendant, who was sentenced to punishment twice as a crime of violation of the Road Traffic Act (driving in a manner of sound driving) around 2014, considering the distance from the previous penal records and the fact that the blood alcohol content of the instant case is 0.085%, in particular, considering the Defendant’s age, character and conduct, family relationship, motive and means of the crime, circumstances after the crime, etc., the punishment as ordered shall be determined by comprehensively taking into account various sentencing conditions shown in the instant records and arguments, such as the criminal