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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 January 5, 2017, the Defendant was given a summary order of a fine of one million won by the Seoul Southern District Court for a violation of the Road Traffic Act.
On June 28, 2020, around 23:56, the Defendant driven a DNA car while under the influence of alcohol concentration of about 0.163% from the section of about 10 meters from the designated parking space of the underground parking lot of Yongsan-gu Seoul Metropolitan Government to the outside of the designated parking space.
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 crackdown on drinking driving, the criminal records of his/her oral statements, and the application of Acts and subordinate statutes to investigation reports (Attachment of criminal records of the same kind as the suspect);
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. The reason for sentencing under Article 62-2 of the Criminal Act was that the Defendant had been punished for drunk driving in 2017, but was also driving under the influence of alcohol.
Meanwhile, in full view of the circumstances favorable to the defendant, such as the fact that the drinking driving of this case was immediately discovered and only driven a short distance in the underground parking lot, the punishment as ordered shall be determined by comprehensively taking into account the circumstances favorable to the defendant, including the drinking alcohol of this case, the age, character and conduct of the defendant, the environment, the motive and consequence of the crime, and the circumstances after the crime.