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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 March 13, 2018, the Defendant issued a summary order of a fine of three million won at the Seoul Northern District Court on March 13, 2018.
On February 28, 2020, the Defendant, while under the influence of alcohol at 00:44% of blood alcohol level, driven Ck5 car volume from around about 5 km meters to the front of the same city in the area from the Geum Geak Geak-dong Geum-dong of the Gyeonggi-do to the next road in the same city.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Notice of the results of the control of drinking driving, inquiry into the results of the control of drinking driving, and report on the state of drinking drivers, 112 case handling table;
1. Previous convictions indicated in the judgment: Criminal history records, reply reports (A), investigation reports (verification of the same type of force), 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The Defendant, with the reason for sentencing Article 62-2 of the Criminal Act, committed the instant crime even though he had been punished for the violation of the Road Traffic Act in 2018.
Considering the interval with the previous punishment history, the blood alcohol content of the instant case is 0.125%, the punishment shall be determined as ordered by comprehensively taking into account the Defendant’s age, character and conduct, family relationship, motive and means of the crime, circumstances after the crime, etc., and various sentencing conditions shown in the records and arguments.