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A defendant shall be punished by imprisonment for one year.
except that 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 January 24, 2008, the Defendant was notified of a summary order of KRW 700,000 as a crime of violation of the Road Traffic Act by the Seoul Northern District Court.
【Criminal Facts】
Around 00:30 on February 12, 2020, the Defendant driven a F-to-purd vehicle with a blood alcohol concentration of about 0.175% under the influence of alcohol at approximately 200 meters from the road near C located in Sinpo City B to the front road in D.
Accordingly, the Defendant violated the prohibition of driving a motor vehicle under the influence of alcohol not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;
1. Previous records: Criminal records and other inquiries, and application of Acts and subordinate statutes to investigation reports (verification of the same type of suspect records);
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Reasons for sentencing under Article 62 (1) of the Act on Suspension of Execution: Social danger of drunk driving and the purport of the revision of the Road Traffic Act to which statutory penalty is raised, the mere fact that there is a need to strictize the act of drunk driving in light of the above-mentioned circumstances: it is against the recognition of mistake and reflects the fact that there is no criminal history other than the punishment of a fine once due to drunk driving, and all the sentencing conditions as shown in the records and arguments including the degree of taking-off, character and conduct, environment, family relationship, circumstances after the crime are considered;