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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 October 19, 2012, the Defendant received a summary order of KRW 4.5 million as a crime of violating the Road Traffic Act (driving) from the Cheongju District Court Jeju District Court.
Nevertheless, on May 24, 2020, the Defendant driven a Fggal-ro vehicle under the influence of alcohol content of about 0.116% at a distance of about 800 meters from the road in front of the restaurant “C” in the city of 21:04.21:04 to the road in the city of Yacheon-si.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on circumstantial statements of a drinking driver, and notification of the results of crackdown on drinking driving;
1. The measurement of photograph;
1. Previous convictions indicated in judgment: Criminal records, inquiry reports and the application of Acts and subordinate statutes (the confirmation of criminal records for driving a motor vehicle or a drunk);
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. According to the reasons for sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by taking into account the various sentencing conditions shown in the records and arguments of this case, such as the circumstances and age of the defendant, character and conduct, family environment, motive, means and consequence of the crime, the circumstances after the crime, etc.
The defendant was punished as a fine for the same kind of crime in 2002, 2003 and 2012.
The favorable circumstances: At the time of crime and the mistake are divided.
There shall be no history of criminal punishment exceeding fines for the same kind of crime.