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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 September 13, 2017, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving) at the Seoul Central District Court.
On September 17, 2019, at around 05:28, the Defendant driven a Radon car with a blood alcohol concentration of approximately 0.129% under the influence of alcohol from around 30km to the front road in the Namyang-si, Namyang-si.
As a result, the Defendant driven a motor vehicle under the influence of alcohol in violation of the prohibition of drunk driving twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Making a report on the control of drinking driving;
1. Previous records of judgment: Application of criminal records, repeated statements, and summary order Acts and subordinate statutes;
1. Relevant provisions of the Act on Criminal facts 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. There is a record of punishment for drinking driving even before the defendant's reasons for sentencing Article 62-2 of the Criminal Code of the Order to Attend the lecture.
Nevertheless, the driver was driving under the influence of 0.129% alcohol concentration in the second blood, and was diving in the vehicle in which the starting-dong in the signal atmosphere turned down.
However, it shall be considered in favor of the fact that the defendant recognizes the crime and reflects the fact that the defendant's health is not good.
The punishment as ordered shall be determined by comprehensively taking into account the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record.