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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 May 27, 2008, the Defendant was issued a summary order of KRW 1.5 million by the Incheon District Court as a crime of violation of the Road Traffic Act. On January 25, 2011, the Incheon District Court issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act.
【Criminal Facts】
On March 28, 2020, at around 2:25, the Defendant driven a car at C in the state of alcohol alcohol concentration of about 0.109% from the 10km section to the front road of Michuhol-gu Incheon Metropolitan City from the Gagsan Station located in Bupyeong-gu, Incheon, Bupyeong-gu.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the control of drinking driving;
1. Application of Acts and subordinate statutes to criminal records, inquiry reports, and investigation reports;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and Articles 148-2 (1) and 44 of the Act on the Election Traffic,
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. The sentence shall be determined as ordered in consideration of all the conditions of sentencing, including the contents of the crime as indicated in the reasons for sentencing under Article 62(1) of the Criminal Act, the same record, the criminal defendant's mistake, the age, character and conduct, environment and circumstances after the crime;