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A defendant shall be punished by imprisonment for one year.
except that 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 6, 2017, the Defendant was sentenced to a fine of one million won for the violation of the Road Traffic Act (driving) in the application of the Gwangju District Court Manpoon on January 6, 2017.
【Criminal Facts】
On June 4, 2020, at around 22:14, the Defendant driven a E-high-speed car under the influence of alcohol concentration 0.118% at the front of D located in C at the time of Fagpo-si located in B’s construction site near the Seoul-do.
Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstances of driving under the influence of alcohol, report on the circumstances of driving under the influence of alcohol, investigation report, and inquiry into the results of the crackdown on driving under the influence of alcohol;
1. Previous records: Application of Acts and subordinate statutes to inquiry reports, such as criminal records, investigation reports (former records and attachment of judgment), summary orders;
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. Circumstances unfavorable to the reasons for sentencing under Article 62 (1) of the Criminal Act: light of the social risk of drunk driving and the purport of the revision of the Road Traffic Act to which statutory penalty is raised, there is a need to strictize the act of drunk driving in light of the social danger of drunk driving and the purport of the revision of the Road Traffic Act, circumstances favorable to the same kind of power: Recognizing errors and reflects the fact that there is no excess criminal records of fines, and taking into account all the conditions of sentencing as shown in the records