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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 November 16, 2006, the Defendant received a summary order of KRW 700,000 from the Incheon District Court to a fine for a violation of the Road Traffic Act.
【Criminal Facts】
On July 23, 2019, at around 06:40, the Defendant driven an E New Airport bus with approximately 00km alcohol concentration of about 0.114% from the end point of the bus in Yeonsu-gu Incheon Metropolitan City to the front road in the Bupyeong-gu Incheon Bupyeong-gu D.
Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the results of the control of drinking driving, the report on the state of drinking drivers' state statement, the written appraisal of blood alcohol and the report on the state of drinking drivers;
1. Previous convictions indicated in judgment: Criminal records, confirmation of identical records, and application of Acts and subordinate statutes of a copy of summary order;
1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, 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 reasons for sentencing under Article 62-2 of the Criminal Act include the fact that the accused recognizes the crime and reflects the fact that there is no record of punishment exceeding the fine, and the fact that there is no record of violation of traffic regulations other than the judgment before the judgment, etc.
On the other hand, the defendant's operation of urban bus under the influence of alcohol will be considered disadvantageously to the safety of passengers.
The punishment as ordered shall be determined by comprehensively taking into account the degree of drinking alcohol and driving distance, the age and environment of the defendant, and the circumstances after the crime.