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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 April 22, 2019, the Defendant was issued a summary order of KRW 3 million by the Incheon District Court as a crime of violation of the Road Traffic Act.
On August 15, 2020, at around 04:15, the Defendant driven a DNA car with approximately 300 meters alcohol level 0.108% under the influence of alcohol level from the road front of the parking lot located in Bupyeong-gu, Incheon, Bupyeong-gu, Incheon to the front road of the “C” located in the same Gu B.
As a result, the defendant, even though he had been punished for a drunk driving, was driving again.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the drinking driving control and the circumstantial statement of a drinking driver;
1. The application of Acts and subordinate statutes on criminal records, reply reports on criminal records, pre-dispositions, confirmation of identical records, and summary order;
1. Relevant Article of the Act on Criminal Facts, Addenda to the Road Traffic Act (Act No. 17371 of Jun. 9, 2020), Article 148-2 (1) and Article 44 (1) of the former Road Traffic Act (wholly amended by Act No. 17371 of Jun. 9, 2020), the choice of imprisonment for a crime
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act;
1. One year and two years and six months of imprisonment within the scope of punishment by law; and
2. The sentencing criteria are not set according to the sentencing criteria. 3. The sentencing criteria are not set according to the sentencing criteria. The sentencing criteria in this case, including the numerical value of blood alcohol concentration in the judgment of the sentence on March 3, 200, the section of drunk driving, the circumstances leading to drinking driving, etc., shall be determined as the order, comprehensively taking into account all the arguments in this case and the sentencing conditions indicated in the records, including the circumstances after