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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 October 29, 2012, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act in the Daejeon District Court’s Support for Incheon District Court.
【Criminal Facts】
On May 21, 2020, at around 01:41, the Defendant driven CK5 car while under the influence of alcohol level of 0.170% on the front of the Namdong-gu Incheon Metropolitan City B.
Summary of Evidence
1. Previous records of the defendant's legal statement, reports on the state of driving under the influence of alcohol, and records of his/her judgment following the control of drinking driving: Application of Acts and subordinate statutes to criminal records, etc. and investigation reports (attached to summary orders);
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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The crime of drinking-water driving with the reason of sentencing Article 62-2 of the Criminal Act requires strict punishment for the crime of causing harm not only to himself/herself but also to another person’s life and body.
Although the Defendant had had the same criminal power, the Defendant committed the instant crime.
On the other hand, it is reasonable to consider the fact that the defendant recognizes the crime of this case and reflects it.
Other circumstances, such as the distance and time of the defendant's driving, and the time interval from the last same kind of force to the time of the crime of this case, including the age, character and conduct, environment, motive and circumstance of the crime of this case, and the circumstances after the crime of this case, shall be determined as ordered by taking into account all the circumstances that form the conditions of sentencing