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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 January 17, 2008, the Defendant was issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act in the Incheon District Court’s Busan District Court’s Branch Branch on January 17, 2008, and a summary order of KRW 1 million for the same crime at the Incheon District Court on August 28, 2017, respectively.
【Criminal Facts】
On April 1, 2020, at around 23:23, the Defendant driven a B B B B-T car with a blood alcohol concentration of about 800 meters over a 800-meter section from the roads near the king Station located in Chungcheongnam-si, Chungcheongnam-si to the roads located in the same 97-3.
As a result, the Defendant violated the prohibition of drunk driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Previous records on the motion to collect blood and written confirmation, the blood alcohol appraisal statement, and the report on detection of a drinking driver: The application of Acts and subordinate statutes to make inquiries into criminal records, etc. and report on investigation (the previous report and report on 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 grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the fact that the defendant recognized the offense and reflects the wrongness; and (b) the criminal records of the defendant, blood alcohol concentration level, driving distance, and time interval between the crime of drinking alcohol and the crime of drinking alcohol driving in the instant case; and (c) the sentencing conditions specified in the records and arguments shall be comprehensively taken into account.