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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 three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[Power of crime] The Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (driving of alcohol) in the support of the Friwon Friju on January 10, 2014.
[Criminal facts] On November 20, 2020, the Defendant driven a e-mailed vehicle under the influence of alcohol level of 0.130% from the front road in Ischeon-si B to D’s front road at approximately 200 meters.
As a result, the Defendant once driven a motor vehicle under the influence of alcohol despite the fact that the Defendant violated the prohibition of drinking.
Summary of Evidence
1. The defendant's legal statement report on the situation of the driver placed in the main state, investigation report (report on the situation of the driver placed in the main state), report on the situation of driving in the main state, and inquiry into the results of regulating drinking driving;
1. Previous convictions in judgment: References to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation reports;
1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reasons for sentencing under Article 62-2 of the Criminal Act for the protection and observation, and the order to attend a lecture, even though the Defendant had a record of driving alcohol, was driving alcohol again, and the alcohol concentration in the blood was very high at the time of driving.
However, the distance of drinking driving is relatively short.
The punishment shall be determined as ordered in consideration of such circumstances and the defendant's age, character and conduct, environment, and circumstances after the crime.