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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 March 13, 2007, the Defendant received a fine of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (drinking driving) in the support for the development of the source method of water supply on December 16, 2015, and a fine of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (drinking driving) in the support for the development of the source method of water supply.
Criminal facts
On October 05, 2020, the Defendant, while under the influence of alcohol level of 0.063% during blood transfusion around 22:35, 2020, operated a d highest typ car at approximately 16 km section from the front of the Dong-gu, Ansan-si to the front of the Manyang-si, Ansan-si.
Accordingly, the Defendant violated the prohibition of drinking alcohol driving more than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of driving under the liquor:
1. Previous convictions in judgment: Application of inquiry statements, investigation reports (formers and confirmations) and Acts and subordinate statutes, such as criminal history;
1. The provisions of Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning facts constituting an offense and the selective punishment;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Taking into account the risks inherent in driving of drinking on the grounds of sentencing under Article 62-2(1) of the Criminal Act, the Defendant’s blood alcohol level (0.063, the statement of low drinking), driving distance, the same previous conviction (2007, and 2015), taking into account the Defendant’s age, sexual behavior, environment, motive, means and consequence of the crime, and various sentencing factors, such as the circumstances after the crime, etc., the sentence shall be determined as ordered.