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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 May 28, 2018, the Defendant received a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act from the Jung-gu District Court on the charge of violation of the Road Traffic Act.
On June 5, 2020, at around 22:35, the Defendant driven C Pod Podp motor vehicle in the state of alcohol with approximately 1.5 km alcohol concentration 0.075% from the roads near the Had Government-dong, Cheong-dong, Mad Government-si to the roads in the same city B at around 2:45 on the same day.
As a result, the Defendant again driven a motor vehicle while under influence of alcohol in violation of the prohibition of drinking driving.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Making a report on the control of drinking driving;
1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and copies of summary order 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. The defendant has a record of being punished for drinking-driving even before the reason for sentencing Article 62-2 of the Criminal Act.
Nevertheless, the crime of this case was committed under the influence of alcohol concentration of 0.075% in the second blood.
However, considering the favorable circumstances that the defendant recognized the crime of this case, the punishment as ordered shall be determined by 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.