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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 October 27, 2016, the defendant is a person who has received a summary order of a fine of 1,500,000 won for a violation of the Road Traffic Act (driving) in the Cheongju District Court Support on Cheongju District Court.
On January 21, 2020, at around 20:22, the Defendant driven a D vehicle under the influence of alcohol by 0.319% in a section of about 1k from the upper 192 salt park to the lower her upper end of the 192 salt refinery, in the direction of a single knife in front of the Cmaart, located in the Chungcheongnamyang-gun B.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the result of crackdown on drinking driving;
1. The circumstantial statement of the employee;
1. Inquiries about the results of crackdown on drinking driving;
1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation status (the confirmation of criminal records of drunk driving by a defendant);
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. In full view of the circumstances following the reasons for sentencing under Article 62-2 of the Criminal Act and the defendant's age, character, conduct, family environment, occupation, and circumstances before and after the crime committed, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances in the records and arguments of this case.
On October 27, 2016, the Defendant received a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act in the Cheongju District Court Support on October 27, 2016.
Blood alcohol concentration is very high.
The favorable circumstances: The mistake is recognized and reflected.
There is no previous offense exceeding a fine.