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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 February 18, 2018, the Defendant was issued a summary order of KRW 1,50,000,000 as a crime of violation of the Road Traffic Act in the Sungnam Branch of Suwon District Court.
【Criminal Facts】
On March 12, 2020, at around 02:27, the Defendant driven a DNA car with a blood alcohol concentration of about 0.144% in the section of about 600 meters from the Bayang-si B apartment parking lot in Namyang-si to the front road in Namyang-si, Namyang-si.
As a result, the Defendant violated the regulations prohibiting drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of the driving of a motor vehicle under consideration, report on the state of the driving of the motor vehicle under consideration, report on the state of the motor vehicle under consideration, notification on the results of the crackdown on the driving of the motor vehicle under consideration;
1. A register of detection photographs 112 reported cases processing;
1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports (A), previous records of disposition, results of confirmation, and application of Acts and subordinate statutes of the summary order to be attached;
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. The reason for sentencing Article 62-2 of the Criminal Act, even though the Defendant had been punished for drunk driving in 2018, committed the instant crime.
The last record of drinking driving is the most recent, and the blood alcohol concentration of this case is very high.
The punishment as ordered shall be determined by comprehensively taking into account the following circumstances: (a) details of the control, the age and character and conduct of the defendant; (b) family relationship; (c) motive and means of the crime; and (d) circumstances after the crime.