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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 June 7, 2010, the Defendant was issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act in the Gwangju District Court's Netcheon Branch.
At around 22:30 on May 29, 2020, the Defendant driven a F Alfin vehicle under the influence of alcohol level of about 0.05% at a distance of about 500 meters from the Do in front of C in the Net City B to E in the front of E in the Net City D.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Previous records: Application of criminal records, inquiry reports and summary order-related Acts and subordinate statutes;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, 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 defendant of the reason for sentencing under Article 62-2 of the Criminal Act, even though he/she had a record of criminal punishment several times due to drinking driving, has once driven again while under the influence of alcohol, and such risk is high.
However, considering the favorable circumstances such as the defendant's attitude to reflect his mistake in depth, the defendant's disposal of the vehicle that he held while making a decision not to drive under the influence of alcohol, the blood alcohol concentration of this case is relatively high, the fact that the blood alcohol concentration of this case has a relatively high, the fact that the economy disorder is not good, and the fact that the economic form is not good, the punishment as ordered shall be determined by taking into account the following factors: the defendant's age, character and behavior, environment, family relationship, criminal records, the circumstances and results of the crime of this case, and the circumstances after the crime.