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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 October 22, 2009, the Defendant received a summary order of a fine of KRW 2 million for a violation of the Road Traffic Act from the Suwon District Court's Ansan Branch on October 22, 2009, and on November 28, 2014, the Defendant received a summary order of KRW 7 million for a violation of the Road Traffic Act (driving) from the Jeonju District Court's Military Mountain Branch on November 28, 2014.
On April 15, 2020, at around 13:13, the Defendant driven CK5 car under the influence of alcohol level of about 0.119% from the 20km section from the upper road of Ansan-si to the front road of Ansan-si, Seosan-si.
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 records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;
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. The punishment as ordered shall be determined by taking into account various factors of sentencing, such as the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., taking into account the risks inherent in the judgment of sentencing under Article 62-2(1) of the Criminal Act, blood alcohol concentration, driving distance, and criminal records of the defendant;