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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
[criminal power] On August 21, 2014, the Defendant was issued a summary order of a fine of KRW 4 million at the Jung-gu District Court on the ground of a violation of the Road Traffic Act (driving).
【Criminal Facts】
On May 22, 2020, the Defendant driven a D low-speed car at a section of about 3 km from the front of the B apartment in the Gyeonggi-si to the front road in the Gyeonggi-si around 23:27 on the same day, while under the influence of alcohol by 0.176% of blood alcohol concentration on May 22, 2020.
Accordingly, the defendant was driving not less than twice while under the influence of alcohol.
Summary of Evidence
1. The defendant's legal statement, the circumstantial statement, the notice of the control of drinking driving, and the report on the situation of drinking driving;
1. Investigation report (to hear statements by suspect telephone);
1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and 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 reason for sentencing Article 62-2 of the Criminal Act, even though the Defendant had been punished for drunk driving in 2014, committed the instant crime.
The blood alcohol concentration of this case is considerably high.
However, in full view of the fact that the defendant recognized the crime and the distance and frequency of drinking driving, the background of detection, the age and character and conduct of the defendant, family relation, motive and means of the crime, circumstances after the crime, etc., the punishment as ordered shall be determined by comprehensively taking into account various sentencing conditions as shown in the records and arguments of this case.