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Defendant shall be punished by imprisonment for a term of one year and ten months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[Criminal Power] On April 9, 2020, the Defendant received a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act (driving) at the Gangseo branch court of the Chuncheon District Court.
【Criminal Facts】
At around 03:40 on August 25, 2020, the Defendant driven a DNA car from around 1km section to the restaurant C in the East Sea, and under the influence of alcohol 0.199% under the influence of alcohol.
Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.
Summary of Evidence
1. Legal statement, actual condition survey report, on-site photographs of traffic accidents, and on-site map of traffic accidents by defendants;
1. Statement on the circumstantial statement of the employee;
1. Notification and investigation report on the results of the crackdown on drinking driving (report on the circumstance of a drinking driver) internal investigation (with respect to the density of the suspect’s blood alcohol at the time of the accident);
1. Previous records of judgment: The application of criminal records, repeated statements, and statutes;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.: The drinking driving is highly likely to cause harm to the life and body of others as well as himself/herself; the Defendant has the record of being fined once a drinking driving; the Defendant also has a high blood alcohol level at the time of driving under the influence of alcohol; the Defendant’s blood alcohol level was high at the time of driving under the influence of alcohol; and the favorable circumstances favorable to the Defendant that caused a traffic accident due to a drinking driving: the Defendant would not drive under the influence of alcohol again; and the Defendant’s age, character and behavior, background of the crime, circumstances after the crime, etc. are shown in the instant records and arguments.