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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 March 24, 2016, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving) at the Seoul Southern District Court.
【Criminal Facts】
On July 26, 2020, at around 07:52, the Defendant driven Fone Star or Cargo Sheet at approximately 330 meters from the road front of the Gangseoyang-gun B, which was under the influence of alcohol of 0.063% of blood alcohol level, to the road front of the E Convenience store located in the same military D.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. The application of Acts and subordinate statutes to the accused's statutory statement, circumstantial statement, notification of the results of the control of drinking driving, investigation report on criminal records, investigation report on the suspect, investigation report on the suspect, and summary order and summary order;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, 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. The reason for sentencing under Article 62-2 of the Criminal Act, even though the Defendant had been punished for drunk driving once in 2016, was also driving under the influence of alcohol.
On the other hand, the above drinking driving force is the entire record of criminal punishment by the defendant, and the drinking driving of this case did not lead to a traffic accident.
In addition, the punishment as ordered shall be determined by comprehensively taking into account the various circumstances, such as the drinking alcohol level and driving distance, the age, character and conduct, environment, motive and consequence of the crime, circumstances after the crime, etc., and the conditions for sentencing as shown in the arguments.