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A defendant shall be punished by imprisonment for a term of one year and two months.
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 February 6, 2018, the Defendant issued a summary order of KRW 4 million at the Jeonju District Court for the crime of violation of the Road Traffic Act.
Nevertheless, at around 04:59 on September 20, 2020, the Defendant driven D's car under the influence of alcohol concentration of about 0.097% from a 300-meter section from the front road of Yansan-gu, Seoul, to the front road of the same Gu C building.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Notification of the defendant's legal statement, influence of drinking driving, reporting on the situation of a drinking driver, etc. and photographs thereof;
1. Previous records: Application of inquiries, such as criminal records, and criminal investigation reports, and Acts and subordinate statutes;
1. Article 148-2(1) and Article 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020 and enforced on December 10, 2020), the applicable provision on criminal facts, the choice of imprisonment, 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. It is ordered as ordered in consideration of the Defendant’s records of drinking alcohol (no other criminal records are available), the Defendant’s blood alcohol concentration level, the circumstances at the time of the crime of drinking alcohol driving as indicated in the judgment (the detection of the crime by the police officer called out after receiving a report 112 on the road due to locking on the road while driving), the circumstances after the crime (including reflective attitudes) and other various sentencing conditions shown in the Defendant’s age, character and conduct, environment, etc. and the trial process as stated in the judgment of the court.