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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 February 13, 2007, the Defendant issued a summary order of KRW 1.5 million as a crime of violation of the Road Traffic Act at the Incheon District Court, and KRW 4 million as a fine at the Daegu District Court on September 26, 2012.
【Criminal Facts】
On March 15, 2020, at around 07:33, the Defendant driven a C-Adi vehicle with approximately 1 Km alcohol concentration of about 0.104% in a section of about 1 Km from the front of the Busan Metropolitan City B apartment to the long distance in front of the Busan Metropolitan Office, which is located in 135 in the same city.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;
1. Previouss before ruling: Application of Acts and subordinate statutes of each summary order attached to criminal history records, inquiry reports and investigation reports;
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 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 reasons for sentencing under Article 62-2 of the Criminal Act, including the following circumstances and the Defendant’s age, character and conduct, environment, motive and means of committing the crime, the circumstances after committing the crime, etc., and the conditions of various sentencing as shown in the argument of this case, shall be determined as ordered by taking into account the following circumstances.
Unfavorable circumstances: Although there was a record of punishment for drunk driving, the crime was repeated.
The favorable circumstances: The crime is recognized.
The so-called "neeping driving" is the so-called "neeping
The crime of this case prevents drivers from performing their duties any longer.