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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 30, 2009, the Defendant was sentenced to a fine of two million won as a crime of violating the Road Traffic Act (driving) in the Goyang Branch of the District Court in order to have been sentenced to a fine of two million won.
On February 27, 2020, at least 00:10, the Defendant violated the Regulations on Prohibition of Drinking Motor Vehicle Driving at least twice by driving EM-W motor vehicles from approximately 100 meters away from the 100-meter section to D in the front of the Priju City, on the road in front of the Priju City, while under the influence of alcohol by 0.10% of alcohol level.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police suspect interrogation protocol against the accused;
1. Statement of the circumstantial statement of a drinking driver, inquiry into the results of crackdown on drinking driving, and entry into the following inquiries;
1. Previous for judgment: Application of each Act or subordinate statute stated in the attachment, such as criminal records, repeated statements, summary orders related to the drinking driving power of a 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 to mitigate small amount;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures lies in three times, and the defendant was punished for drunk driving, and the drinking alcohol level of the crime of this case is considerably high.
However, at least ten years have passed since the defendant was punished as a drunk driving, and the distance of drinking driving is short.
The defendant shows that he will not dispose of the vehicle and will not repeat the crime.
In addition, the sentencing conditions shown in the records, such as the defendant's age, occupation, family relationship, and circumstances before and after the crime, shall be determined as per Disposition.
It is so decided as per Disposition for the above reasons.