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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
Criminal facts
On January 12, 201, the Defendant was notified of a summary order of a fine of one million won for a crime of violating the Road Traffic Act at the Daejeon District Court on January 12, 201.
On December 06, 2020, the Defendant driven a light-line car under the influence of alcohol content of about 0.17% at a distance of about 500 meters from around 00:19 to around the Seo-gu Seoul apartment commercial building, Seo-gu, Daejeon.
Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. On-site photographs of on-site reports on the circumstances of drivers;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A);
1. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Articles 148-2(1) and 44(1) of the same Act, the selection of punishment for a crime
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Criminal Act is a serious crime causing serious danger and injury to the life, body, property, etc. of a person who committed the crime. The defendant who committed the crime of this case should be held liable with strict legal liability corresponding to the act. The defendant, despite having had the record of punishment once due to driving under drinking, also committed the crime of this case. The defendant's blood alcohol concentration was very high at the time of the crime of this case. The defendant's traffic accident occurred at the time of the crime of this case, the defendant's age, sexual behavior, environment, motive, means, and consequence of the crime of this case, and all other circumstances revealed in the records and arguments of this case, such as the defendant's age, sexual behavior, environment, motive and consequence of the crime of this case, etc., shall be determined as per the order.