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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 10, 2008, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Seoul Western District Court, and on November 25, 2009, issued a summary order of KRW 2 million for the same crime at the Seoul Southern District Court.
At around 21:15 on September 17, 2019, the Defendant driven a ENAS car while under the influence of alcohol content of about 0.078% from the Do in front of D to the front road of about 500 meters.
Accordingly, the Defendant driven a motor vehicle not less than twice while under the influence of alcohol.
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: Criminal records, inquiry reports, investigation reports (Attachment to a summary order for sound driving), and application of Acts and subordinate 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. Article 62 (1) of the Criminal Act;
1. There is a record of punishment for drinking driving even before the defendant's reasons for sentencing Article 62-2 of the Criminal Code of the Order to Attend the lecture.
Nevertheless, the crime of this case was committed while driving under the influence of the blood alcohol concentration of 0.078%.
However, it shall be considered in favor of the fact that the defendant is recognized as committing a crime and the defendant is economically difficult, and there is a family member to support.
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.