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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 February 10, 2015, the Defendant received a summary order of a fine of KRW 3 million from the Seoul Western District Court as a crime of violation of the Road Traffic Act.
【Criminal Facts】
On June 17, 2020, the Defendant, while under the influence of alcohol of 0.134% of blood alcohol concentration at around 04:10, driven a D-Wd-Wd-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-
Summary of Evidence
1. Defendant's legal statement;
1. Report on detection of a host driver and report on the circumstances of a host driver;
1. Previous records of judgment: Criminal records, inquiry reports, and the application of Acts and subordinate statutes concerning investigation status;
1. Relevant laws and the choice of punishment concerning facts constituting a crime: Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of imprisonment;
1. Mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;
1. Suspension of execution: Article 62 (1) of the Criminal Act;
1. Order to attend education: The defendant, for the reason of sentencing under Article 62-2 of the Criminal Act, has been punished for the same crime, again committed an offense, and the blood alcohol concentration at the time of the instant case is high.
However, the punishment as ordered shall be determined in consideration of the fact that the defendant is expected not to repeat the crime, and all other circumstances that are conditions for sentencing, such as the age, environment, etc. of the defendant.