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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 March 5, 2019, the Defendant was issued a summary order of KRW 2 million due to a violation of the Road Traffic Act in the Suwon District Court's Ansan Branch for a violation of the Road Traffic Act.
Although the Defendant violated the provision prohibiting drunk driving as above, on September 2, 2020, at around 03:40, the Defendant driven a F bargaining car under the influence of alcohol concentration of about 0.067%, over a section of about 2 km from the roads near C Hospital located in G in the same city to the roads near E stations located in D in the same city.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;
1. Previous convictions indicated in judgment: Application of criminal history records, inquiry reports, and Acts and subordinate statutes attached to the same type of power;
1. Relevant Acts concerning facts constituting a crime and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Taking into account the risks inherent in drinking driving under the reason for sentencing under Article 62-2(1) of the Criminal Act, the blood alcohol density (0.067), driving distance, and the same criminal records (2019), taking into account the following factors: (a) driving under drinking twice during the period of suspended sentence of crimes; (b) the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (c) the sentence shall be determined as per the disposition, taking into account the following factors: