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The punishment of the accused shall be determined by a year of imprisonment.
Provided, That the above punishment shall be imposed for two years after the judgment becomes final and conclusive.
Reasons
Punishment of the crime
On February 25, 2015, the Defendant was issued a summary order of KRW 1 million for the crime of violating the Road Traffic Act in the Hongsung Branch of the Daejeon District Court.
피고인은 2020. 5. 6. 02:00경 혈중알코올농도 0.093%의 술에 취한 상태에서 충남 예산군 B에 있는 C 주차장부터 같은 군 삽교읍 목리 687-65에 있는 도청대로까지 약 3km 구간에서 D 팰리세이드 승용차를 운전하였다.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of a survey report on actual condition and the control of drinking driving;
1. Previous records of judgment: Application of criminal records, repeated statements, and summary order-related Acts and subordinate statutes;
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 punishment shall be determined by comprehensively taking into account various factors of sentencing, including the fact that it is highly necessary to eradicate the driving of drinking alcohol with the reason of sentencing under Article 62-2 of the Criminal Act, the degree of blood alcohol concentration, the occurrence of traffic accidents due to drinking driving, the age, occupation, criminal records (including fines of the same kind, and no more than twice the suspension of the execution of imprisonment with prison labor, and the environment;