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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 April 8, 2011, the Defendant received a summary order of KRW 1 million for a fine of KRW 1 million for a violation of the Road Traffic Act, and a summary order of KRW 1,500,000 for a fine of KRW 1,50,000 for a violation of the Road Traffic Act at the astronomical Support of the Daejeon District Court on May 10, 2018.
On July 25, 2020, the Defendant, while under the influence of alcohol of 0.101% of blood alcohol concentration on July 25, 2020, driven B-low-income vehicle at the section of approximately 1.8 km from the front of a restaurant in the mutual and aesthetic city in Asan City to the front of a citizen street in the Asan City hot Spring Port from the front of a restaurant in the Asan City to the front of a citizen street in the Asan City.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the statement of the status of the driver, and an investigation report (the report on the status of the driver);
1. Notification of the control of drinking driving;
1. Previous convictions indicated in judgment: Application of two copies of the criminal history records, investigation reports, and summary order issued by two 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. The reasons for sentencing under Article 62-2 of the Criminal Act, including the fact that the defendant was punished twice by a fine for the violation of the Road Traffic Act, the driving of the instant drinking, the fact that the blood alcohol concentration of the instant blood in this case is considerably high, and the fact that the defendant recognized the crime, shall be determined as the same as the disposition.