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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
The Defendant, at the Seoul Western District Court on February 29, 2008, received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act at the Seoul Western District Court on July 19, 2012, respectively.
On June 13, 2020, at around 20:28, the Defendant driven a DNA rocketing car with a blood alcohol concentration of about 0.046% in the section of about 200 meters from the road near Mapo-gu Seoul Metropolitan City B market to the front road of the same Gu C.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Application of Acts and subordinate statutes to the defendant's legal statement, oral statement, investigation report on the circumstances of the driver, criminal records, etc., investigation report, and investigation report (Attachment to the same kind of power);
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 was punished for drinking driving two times, but the driving of the instant drinking is disadvantageous to the defendant.
On the other hand, the blood alcohol concentration level at the time of the instant case is not high and the driving distance is not driving. The instant drinking driving did not lead to a traffic accident.
In addition, the defendant's age, character and conduct, environment, motive and consequence of the crime, circumstances after the crime, etc., and the sentencing conditions as shown in the arguments shall be determined as ordered by considering the various circumstances.