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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On May 12, 2016, the Defendant was issued a summary order of KRW 3 million by the Incheon District Court for a violation of the Road Traffic Act (drinking driving), and the said summary order was finalized on June 8, 2016.
On July 19, 2020, according to the Incheon Gyeyang-gu calculation, the Defendant driven BMW car from the 7km section to the 0.165% alcohol concentration among blood alcohol level from the 7km section from the roads near the Incheon Gyeyang Police Station located in 68 Incheon Gyeyang-gu to the 350-ro of the Seo-gu Incheon.
Summary of Evidence
1. The defendant's legal statement statement report, inquiry about the result of crackdown on drinking driving, and previous records on the spot status at the time of making a judgment: Application of inquiry, such as criminal history, and investigation report (Attachment to a summary order) Acts and subordinate statutes;
1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. The reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution and Order to Attend the community service order and Article 62-2 of the Criminal Act are as follows: (a) even though the Defendant had been punished for a violation of the Road Traffic Act prior to the occurrence of a previous conviction, the Defendant again appeared to commit the instant crime; (b) the Defendant’s blood alcohol concentration was very high; (c) the Defendant’s distance from driving alcohol was significant; and (d) the Defendant’s age, sex, environment, motive, means and consequence of the instant crime and all the sentencing conditions specified in the instant records and arguments, such as the circumstances after the commission of the crime.