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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 November 3, 2008, the Defendant was given a summary order of a fine of one million won at the Seoul Central District Court due to a violation of the Road Traffic Act.
around 21:40 on May 9, 2020, the Defendant driven a DNA car with approximately 587 meters alcohol level 0.119% under the influence of alcohol level from the section of approximately 587 meters from the front of Yongsan-gu Seoul to the front of the same Gu C on the road.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. The notification of the defendant's legal statement, the result of the drinking driving control, the inquiry report on criminal records, and the application of Acts and subordinate statutes to the investigation report (Attachment to the same criminal records);
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. Although the defendant had been punished for drinking driving once, the reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture, he/she also carried out drinking driving of this case.
On the other hand, the driving distance of this case is not driving distance, and the driving of this case does not lead to traffic accidents, and the defendant again does not commit such mistakes, etc., and the circumstances favorable to the defendant, such as drinking alcohol of this case, the age and character of the defendant, character and conduct, environment, motive and consequence of the crime, etc., as well as various circumstances, which are conditions for sentencing as shown in the records and arguments, such as the circumstances after the crime, etc., shall be determined as the sentence as ordered.