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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 three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On July 15, 2010, the Defendant was issued a summary order of a fine of three million won for a violation of the Road Traffic Act in the Daejeon District Court's Hongsung branch.
On March 16, 2020, at around 19:55, the Defendant driven a e-cub vehicle while under the influence of alcohol level of about 0.149% in the section of about 5 km up to the front road of the Dangerous River located from the Hasung-gun, Hongsung-gun B. C.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the result of crackdown on drinking driving;
1. The circumstantial statement of the employee;
1. Investigation report (report on the situation of running a motor vehicle at home);
1. Previous convictions indicated in judgment: Criminal records, investigation reports, and application of summary order statutes attached thereto;
1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose the penalty, and the choice of imprisonment;
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 is that the Defendant committed the instant crime even though there are two times the past records of punishment for drinking driving, and at the same time, the nature of the instant crime is not good, and the degree of blood alcohol level is high.
However, in full view of the following factors: (a) the defendant has recognized his mistake; (b) the defendant has no record of criminal punishment heavier than the fine; and (c) the circumstances leading to the crime of this case; (b) the recovery and frequency of punishment due to drunk driving; and (c) the age and character and conduct of the defendant, the punishment shall be