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A defendant shall be punished by imprisonment for one year.
except that 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 5, 2008, the Defendant issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act at the Seoul Southern District Court, and the summary order of KRW 2 million as a fine at the Seoul Southern District Court on April 1, 2009.
Nevertheless, at around 19:40 on June 25, 2020, the Defendant driven a FM7 car at approximately 800 meters away from the Do in front of the “C” located in Sinpo City B in Sinpo City B, to the front road of the “E” located in Sinpo City D, under the influence of alcohol leveling to 0.137% of blood alcohol level.
As a result, the Defendant violated the obligation of “the prohibition of driving under the influence of alcohol” at least twice.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the occurrence of a traffic accident, a traffic accident report, a field photograph of a traffic accident, a report on the situation of a driver of a driving school, a criminal investigation report, a voluntary submission to the head of a driving school, a confirmation, a letter of confirmation, a seizure protocol and a seizure list, a request for appraisal, and an appraisal report;
1. Application of Acts and subordinate statutes to criminal records, etc. inquiry report (A), investigation report (two times the same drinking record as a suspect - attachment of 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. The sentence shall be determined in the same way as the disposition, taking into account the following factors: (a) the reason for the suspended sentence under Article 62(1) of the Criminal Act has no record of being punished two times by a fine until now; (b) the reason why a person drives under the influence of alcohol on that day; and (c) the age, family, environment, and economic conditions of the defendant; and