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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 December 13, 2006, the Defendant was issued a summary order of KRW 1.5 million for the crime of violating the Road Traffic Act at the Gangseo branch court of the Chuncheon District Court.
On June 4, 2020, at around 22:05, the Defendant driven Crane car in a state of under the influence of alcohol of about 0.053% with a blood alcohol concentration of about 9km from the front of the breakwater located in the New Cancer, to the front of the same military road.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Inquiries about the results of crackdown on drinking driving, the report on the circumstantial statement of a drinking driver [the previous record] criminal records, etc., and the application of investigation reports (the confirmation of the records of driving the same kind of drinking);
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. Article 62 (1) of the Criminal Act;
1. Grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, Etc. [Legal Penalty: Imprisonment with prison labor for not less than two years but not more than five years, or a fine of not less than ten million won but not more than 20 million won] have been sentenced twice to a fine for the same kind of crime. However, the confession of the crime of this case was made, the mistake was divided, and there was no record of punishment exceeding the fine exceeding the fine, and other factors of punishment including the defendant's age, environment, family relationship, blood alcohol concentration and driving distance, and circumstances after the crime are considered, the punishment shall be determined as ordered by the order.