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The punishment of defendants shall be one year.
The execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On June 27, 2017, the Defendant received a summary order of a fine of four million won for a violation of the Road Traffic Act from the Jeonju District Court.
At around 23:46 on March 24, 2020, the Defendant driven a D-Wz car while under influence of about 0.134% of blood alcohol concentration in the 5m section of the 3-exclusive parking lot located in Tonsan-gu B in the Jeonsan-gu Seoul Special Metropolitan City.
The defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. The actual survey report on traffic accidents;
1. Notification of the control of drinking driving;
1. Application of Acts and subordinate statutes to investigation reports on criminal records, etc. (A) and criminal records, etc.;
1. Provisions of the Act on the Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. An order to attend a lecture recognizes errors in sentencing punishment under Article 62-2 of the Criminal Act;
There are seven criminal records of fines.
The details, alcohol concentration, etc. of an accident caused while moving in the parking lot shall be considered.