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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 July 8, 2010, the defendant was given a summary order of a fine of one million won due to a violation of the Road Traffic Act in the Cheongju District Court's support on July 8, 2010.
On December 12, 2019, the Defendant driven an Estex vehicle under the influence of alcohol content of about 0.092% in the section of approximately 630 meters from the front of C incheon-si B to the front of Dcheon-si.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the occurrence of a traffic accident and an accident site photograph;
1. The circumstantial report and investigation report of the employer-employed driver (the circumstantial report of the employer-employed driver);
1. The actual condition survey report;
1. Inquiry into the result of the crackdown on drinking driving;
1. Criminal records: Criminal records, inquiry reports, investigation records, and application of Acts and subordinate statutes governing summary orders;
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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, shall be determined as ordered by considering the reasons for sentencing under Article 62-2 of the Criminal Act.
Unfavorable circumstances: around 2010, the defendant has been punished by a fine for a violation of the Road Traffic Act.
A traffic accident that causes damage to property during driving.
The favorable circumstances: The mistake is recognized and reflected.
The driving distance is not driving.