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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
On November 25, 2010, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the District Court of Jung-gu, 201, and on September 16, 2013, the Defendant issued a summary order of KRW 3.5 million for the same crime at the same court.
On July 19, 2019, around 23:40, the Defendant driven an ETrac vehicle while under the influence of 0.112% of the blood alcohol concentration from the Do in front of the “C” located in Sacheon-si B to the front of D in Yangju-si.
Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Making a report on the control of drinking driving;
1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (Attachment to a summary order of the same kind of power), and application of Acts and subordinate statutes;
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. Article 62 (1) of the Criminal Act;
1. There is a record of punishment for drinking driving even before the defendant's reasons for sentencing Article 62-2 of the Criminal Code of the Order to Attend the lecture.
Nevertheless, the crime of this case was committed while driving under the influence of 0.112% of the blood alcohol concentration in the second blood.
However, it shall be considered in favor of the defendant who recognizes the crime and reflects it.
The punishment as ordered shall be determined by comprehensively taking into account the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record.