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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 September 22, 2008, the Defendant was issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Incheon District Court, and on January 11, 2016, the Defendant was issued a summary order of KRW 4 million for the same crime at the same court.
On December 24, 2019, around 02:30 on December 24, 2019, the Defendant driven DMW car in the state of alcohol alcohol concentration of approximately 0.104% from the 3.6km section to the 2tel parking lot again via the 3.6km parking lot.
Summary of Evidence
1. Defendant's legal statement;
1. Inquiry into the result of the crackdown on drinking driving;
1. Previous convictions in judgment: To refer to inquiries and apply Acts and subordinate statutes of a summary order;
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. The reason for sentencing under Article 62-2 of the Criminal Act was that the defendant had been punished twice for the same kind of crime and was involved in an accident while driving again under the influence of alcohol, and such defendant's act should be criticized.
However, it shall be considered as a favorable factor that one-time criminal record has been prior to 10 years, and that it has not driven under the influence of alcohol, and the degree of other drinking, age, character and conduct, environment, etc. of the defendant as well as the various sentencing conditions under Article 51 of the Criminal Act as shown in the records of this case shall be determined like the order.