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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 May 30, 2013, the Defendant is a person who has been notified of a fine of KRW 5 million for a violation of the Road Traffic Act (driving) at the Changwon District Court’s branch on May 30, 201, and on December 6, 2013, the above court received a summary order of KRW 4 million for a violation of the Road Traffic Act (driving).
【Criminal Facts】
On July 19, 2020, at around 00:30 on July 19, 2020, the Defendant driven a DNA car with a blood alcohol concentration of about 0.099% under the influence of alcohol over about 300 meters from the underground parking lot located in Yeonsu-gu Incheon Metropolitan City C building.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;
1. Application of Acts and subordinate statutes to criminal records and investigation status (a copy of separate summary order);
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. Article 53 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by taking into account the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., as stated in the instant arguments.
The defendant was punished twice due to drunk driving, but he was again under the influence of alcohol.
It is also a high level of blood alcohol concentration measured.
The favorable circumstances: The records of the same crime shall be seven years prior to the date of the crime, and there shall be no other records of the crime.