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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
[criminal power] On April 30, 2007, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Incheon District Court, and on December 19, 2008, the Incheon District Court issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act.
【Criminal Facts】
At around 02:00 on March 11, 2020, the Defendant driven a D Ecoo vehicle from approximately 2 km to the front road of the opening station in the Bupyeong-gu Incheon Bupyeong-gu, Incheon, to the front road of the horse located in Incheon Bupyeong-gu, while under the influence of alcohol by 0.120%.
As a result, the defendant was sentenced to criminal punishment for drunk driving, but he was driving again.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of a drinking driver, and the written appraisal of blood alcohol;
1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes on the same kind of power;
1. Relevant provisions of the Act on Criminal Facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of imprisonment [Consideration of the contents and circumstances of the crime of this case, blood alcohol concentration, the record of the crime of this case, etc.];
1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (Consideration of the fact that he/she is willing to reflect his/her / her misunderstanding and not to drive under the influence of alcohol again);
1. Article 62 (1) of the Criminal Act on the suspension of execution (precluding the preceding sentence);
1. Order to attend lectures under Article 62-2 of the Criminal Act;