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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 July 7, 2008, the Defendant received a summary order of a fine of three million won for a violation of the Road Traffic Act (Refusal of measurement of noise) from the Suwon District Court's Ansan Branch on July 7, 2008.
Although the Defendant violated the duty of measurement of drunk driving as above, on July 22, 2020, at around 02:18, the Defendant driven B 4.4D car from the 5 km section from the front of the right-time road at the right-of-face 184% of blood alcohol level to the right-of-face 280-1 Seoul, the right-to-face 280-1, the right-of-face 280-1, the right-to-face 124.9km at the right-of-face 124.9km at the right-of-face 200.
Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;
1. Previous convictions indicated in judgment: Application of criminal records and investigation reports-related Acts and subordinate statutes;
1. Relevant Acts concerning facts constituting a crime and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Taking into account the risks inherent in the judgment of sentencing under Article 62-2(1) of the Criminal Act, the blood alcohol level, driving distance, and previous convictions (other than previous convictions on the market, there are the factors punished for non-licensed driving, violation of the Road Traffic Act, etc.) of the defendant, taking into account the defendant’s age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence shall be determined as per the disposition.