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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
On April 24, 2012, the Defendant issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Northern District Court on April 24, 2012, and a summary order of KRW 3 million for the same crime at the same court on March 10, 2017.
around 19:55 on August 27, 2020, the Defendant driven D K7 car while under the influence of alcohol content of about 60 meters from the front of Seongbuk-gu Seoul to the front of the same Gu C on the road.
Summary of Evidence
1. The defendant's legal statement occurrence report, the statement report on the situation of the driver at the main place and the investigation report (the report on the situation of the driver at the main place);
1. Previous records of judgment: Confirmation of the records of punishment for driving of suspect drinking not less than twice, and application of Acts and subordinate statutes by inquiry results;
1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act unfavorable to the defendant: The driving of drinking alcohol in this case has the history of two or more times and criminal punishment; the driving of drinking alcohol in this case causes an accident of shock by telegraph. favorable circumstances: driving at a short distance after the substitute driving, there is no physical damage due to traffic accident, the defendant's reflectivity and his family's livelihood are the most liable factors for the living, and the punishment shall be determined as per the order, taking into consideration various factors of sentencing such as the above circumstances and the defendant's age, sex behavior, circumstances leading to the crime, and circumstances after the crime.