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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 24, 2010, the defendant received a summary order of KRW 2 million from the Suwon District Court as a crime of violation of the Road Traffic Act.
Nevertheless, at around 04:08 on November 25, 2019, the Defendant driven an Efolator-car under the influence of alcohol 0.096% of the blood alcohol concentration from the 3km section from the front of a cafeteria near the C Elementary School located in Masan-si, Masan-si to the front road of the same Gu.
As a result, the defendant has committed a violation of the Road Traffic Act (driving) not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the result of crackdown on drinking driving and on the circumstantial statement of a drinking driver;
1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);
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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant again committed the instant crime even though he/she had the record of punishment for drunk driving.
However, the fact that the defendant's mistake is recognized and reflected, and that there is no record of criminal punishment other than a single fine is favorable to the defendant.
Other circumstances shown in the trial process of this case, such as the defendant's age, character and conduct, family relationship, environment, etc., shall be determined as ordered by the defendant.