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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 September 12, 2012, the Defendant received a summary order of KRW 5 million as a fine for a violation of the Road Traffic Act (Refusal of measurement) from the Suwon District Court's Ansan Branch on September 12, 2012, and on September 22, 2014, the Incheon District Court received a summary order of KRW 2.5 million as a fine for a violation of the Road Traffic Act (driving).
On April 11, 2020, around 05:34, the Defendant driven a DNA car with approximately 4 km alcohol concentration of about 0.135% while under the influence of alcohol from the 4km section from the front of Seocheon-si B to the front of Sinsti City C.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;
1. Relevant Acts concerning facts constituting a crime 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 punishment as ordered shall be determined by taking into account various factors of sentencing, such as the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., taking into account the risks inherent in the judgment of sentencing under Article 62-2(1) of the Criminal Act, the blood alcohol density, the course and distance of the defendant’s blood alcohol level, the previous conviction