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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 November 3, 2011, the Defendant was sentenced to a fine of KRW 2,50,00 to a violation of the Road Traffic Act (driving) by the District Court of Jung-gu.
Nevertheless, at around 06:30 on August 4, 2020, the Defendant driven a motor vehicle Enicoo in the state of alcohol 0.144% of blood alcohol concentration from the 2km section from the front road in the Namyang-si B to the front road in the same city D.
Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of running a motor vehicle under the direction of the driver under the direction of the driver under the direction of the driver;
1. Notification of the results of drinking control;
1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A), investigation reports (formers and confirmations) and 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. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant committed the instant crime even though he/she had a record of being punished by a fine due to drunk driving, and that he/she has a high blood alcohol level.
However, considering the fact that the defendant confessions the crime of this case and repents his mistake, the distance of drinking driving is short, and the defendant's age, character and behavior, environment, family relationship, means and result of the crime, and the circumstances after the crime, the punishment as ordered shall be determined in accordance with all the sentencing conditions shown in the arguments of this case.