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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 December 23, 2019, the Defendant was issued a summary order of a fine of three million won for a violation of the Road Traffic Act in the Ansan District Court's Ansan Branch on December 23, 2019.
On June 25, 2020, at around 01:00, the Defendant driven a rocketing car with the blood alcohol concentration of about 0.077% at the 1km section from the front of the Cju in Yeonsu-gu Incheon Metropolitan City B to the front of the same Gu D.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Application of Acts and subordinate statutes on criminal records, etc., inquiry reports, investigation reports (Attachment of the same kind of power), and summary order;
1. Relevant Article of the Act on Criminal Facts, Addenda to the Road Traffic Act (Act No. 17371 of Jun. 9, 2020), Article 148-2 (1) and Article 44 (1) of the former Road Traffic Act (wholly amended by Act No. 17371 of Jun. 9, 2020), the choice of imprisonment for a crime
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. One year and two years and six months of imprisonment within the scope of punishment by law; and
2. The sentencing criteria are not set according to the sentencing criteria. 3. The sentencing criteria are not set according to the sentencing criteria. The sentencing criteria in this case, including the numerical value of blood alcohol concentration in the judgment of the sentence on March 3, 200, the section of drunk driving, the circumstances leading to drinking driving, etc., shall be determined as the order, comprehensively taking into account all the arguments in this case and the sentencing conditions indicated in the records, including the circumstances after