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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 April 27, 2009, the Defendant was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act (driving) at the Incheon District Court on April 27, 2009, and on November 20, 2015, the same court issued a summary order of KRW 3 million for a violation of the Road Traffic Act (driving).
On May 21, 2020, at around 22:12, the Defendant driven a car in the column B in the state of alcohol alcohol concentration of approximately 0.116% from the 3km section from the west-gu Incheon Metropolitan City to the roads located in 776 as the Gyeongwon-gu, Michuhol-gu, Incheon.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;
1. Application of Acts and subordinate statutes on criminal records, replys to criminal records, investigation reports, judgment, and summary order;
1. Article 148-2(1) and Article 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), the choice of imprisonment for a crime, and the choice of a sentence
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. From one year to two years and six months of imprisonment with prison labor within the applicable sentencing range 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