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A defendant shall be punished by imprisonment for one year.
except that the execution of the above sentence shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
[Criminal Power] On July 26, 2013, the Defendant was issued a summary order of KRW 3 million as a crime of violation of the Road Traffic Act in the Gwangju District Court’s net support.
【Criminal Facts】
On June 17, 2020, the Defendant driven a motor vehicle with D low alcohol level of 0.210% under the influence of alcohol level from the 300-meter section from the front of the Macheon City B to the front of the same city C at the same time.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Statement on the circumstantial statement of the employee;
1. Inquiry into the result of the crackdown on drinking driving;
1. Previous records: Application of inquiries, such as criminal records, and a copy of a summary order;
1. Relevant Articles 148-2(1) and 44(1) of the former Road Traffic Act (wholly amended by Act No. 17371, Jun. 9, 2020); the choice of imprisonment for a crime;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. The grounds for sentencing under Article 62(1) of the Criminal Act are as follows: (a) the Defendant’s blood alcohol concentration (defluence) at the time of the instant case; (b) the Defendant’s age, character and conduct, environment, criminal records (including the records of being sentenced to a fine for the same kind of crime); (c) the distance of drunk driving; and (d) the circumstances after the commission of the crime (the result of sound driving), and all of the sentencing factors specified in the instant trial process shall be determined