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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 April 2, 2014, the Defendant was issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act in the Gwangju District Court’s wooden branch.
【Criminal Facts】
On March 4, 2020, at around 22:10, the Defendant driven a D Eccoo vehicle while under the influence of alcohol concentration of about 0.094% from approximately 670 meters to the front road of Yong-gun, Youngnam.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Legal statement, report on the occurrence of a traffic accident, actual condition investigation report, and evidence and photographs of the traffic accident;
1. Report on the circumstantial statement, investigation report, and notification of the result of crackdown on drinking driving;
1. Previous records: Criminal records and other inquiries, investigation reports (verification of suspect's records of punishment for drunk driving), and application of a copy of summary order Acts and subordinate statutes;
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. 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 increased by statutory penalty, it is necessary to strictize the act of drunk driving in light of the fact that it causes physical damage due to traffic accidents during drunk driving, the fact that there is no record of crime exceeding the fine, and the fact that there is no record of crime exceeding the fine, and all the conditions of sentencing as shown in the records and arguments including the degree of the offender’s age, character and behavior, environment, circumstances after the crime, etc.;