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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 July 24, 2015, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Seosan Branch of the Daejeon District Court on July 24, 2015.
【Criminal Facts】
On October 30, 2019, around 15:30 on October 30, 2019, the Defendant driven a DNA-free car with a blood alcohol concentration of about 0.172% under the influence of alcohol at about 5km from the vicinity of the 2nd new city of Masung-si to the front day of Pyeongtaek-si B, and violated the prohibition of drinking under the Road Traffic Act at least twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement, investigation report, and notification of the result of crackdown on drinking driving;
1. Previous records: Application of inquiry reports and investigation reports (reports on confirmation of criminal records of the same kind as a suspect), such as criminal records;
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. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act, even though he was punished as a fine due to drunk driving in the year 2015, he was engaged in driving under the influence of alcohol, and the drinking level of drinking under the influence of alcohol is considerably high, and the driving distance is also reasonable.
However, the defendant is deeply divided into his mistake, and there is no record of punishment in addition to once a fine due to existing drinking driving.
In addition to these circumstances, a punishment shall be determined as ordered in comprehensive consideration of various sentencing factors, including the defendant's age, character and conduct, environment, family relationship, and circumstances after the crime.