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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 became final and conclusive.
Reasons
Punishment of the crime
On November 19, 2009, the Defendant was issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act by the District Court of Jung-gu on November 19, 2009.
On July 17, 2019, at around 21:00, the Defendant driven a e-mail (CA) 110 oba in the state of alcohol with approximately 500 meters alcohol concentration of about 0.052% from around the C restaurant located in Dongducheon-si B to the front of E-real estate located in D at the same time.
Summary of Evidence
1. Statement by the defendant in court;
1. Making a report on the control of drinking driving;
1. Previous records of judgment: The application of criminal records, repeated statements, and statutes;
1. Relevant provisions of the Act on Criminal facts 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. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant has been punished for drinking without a license even before the suspension of execution.
Nevertheless, the crime of this case was committed under the 0.052% of the blood alcohol concentration in the second blood.
However, considering the fact that the defendant is recognized to commit the crime and is against the defendant, the danger that may cause the public compared to the ordinary vehicle driven by the defendant is relatively low, the family of the defendant is to support, and the defendant is under economic difficulties, the circumstances favorable to the defendant are considered.
The punishment as ordered shall be determined by comprehensively taking into account the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record.