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The punishment of the accused shall be determined by a year of imprisonment.
Provided, That the above punishment shall be imposed for two years after the judgment becomes final and conclusive.
Reasons
Punishment of the crime
On May 16, 2011, the Defendant received a summary order of KRW 4 million as a crime of violation of the Road Traffic Act from the Seoul Northern District Court.
On June 26, 2020, at around 20:59, the Defendant driven a F machine in a state of alcohol tank 0.142% alcohol concentration at approximately 150 meters from the frontway in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do to the frontway in D.
Summary of Evidence
1. Previous records of a defendant's legal statement, his/her statement, control results of drinking driving, etc.: Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (attached to a summary order of like criminal
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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The punishment shall be determined by comprehensively taking into account various factors of sentencing, such as the fact that it is highly necessary to eradicate the proper drinking driving of alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, the degree of blood alcohol concentration, the fact that the defendant has committed an offense against himself/herself and has not committed an offense, the age, occupation, family, previous offense (three times of fines for the same kind), and the environment.