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The punishment of the accused shall be determined by a year of imprisonment.
Provided, That the above punishment shall be imposed for two years after the judgment becomes final and conclusive.
Reasons
Punishment of the crime
On September 23, 2015, the Defendant received a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act in the Jeonju District Court's military mountain support.
On May 17, 2020, the Defendant driven DK5 car under the influence of alcohol with approximately 0.147% alcohol concentration at the 15km section from the front of B to the front of C in the same city, from May 17, 2020.
Summary of Evidence
1. For previous records of a defendant's legal statement, traffic accident investigation report, or judgment on the result of the influence of drinking driving control: Application of criminal records, inquiry reports, and investigation reports (Attachment to criminal records of the same kind of power as a suspect);
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 punishment shall be determined by comprehensively taking into account various factors of sentencing, including the fact that it is highly necessary to eradicate the proper drinking driving of alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, the degree of blood alcohol concentration, the fact that a single traffic accident is caused by a drinking driving, the fact that the defendant has committed an offense against himself/herself and has not committed an offense, and other various factors of sentencing, such as the age