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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 September 16, 201, the Defendant received a summary order of KRW 2 million from the Incheon District Court to a fine of KRW 1,500,000 as a crime of violation of the Road Traffic Act, and a summary order of KRW 1,50,000 as a fine of KRW 1,50,00 from the Gyeyang District Court to the same crime on December 8, 201.
At around 23:30 on January 3, 2020, the Defendant driven a mixed-soft-coon car with approximately 100 meters alcohol content 0.043% under the influence of alcohol from around 100 meters from the 100-ro 2nd-dong administrative welfare center prior to the 215nd-ro of the same Gu.
Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drunk driving.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the oral statement of a host driver;
1. Notification of the control of drinking driving;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);
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. Reasons for sentencing under Article 62-2 of the Social Services Criminal Act;
1. Scope of applicable sentences under law: Imprisonment with prison labor for a period from one year to two years;
2. Although the Defendant, who was sentenced to a sentence of imprisonment twice due to drinking driving, once again drives under the influence of a fine, the Defendant did not have any previous conviction in excess of a fine, taking into account the following factors: (a) the degree of alcohol concentration, mileage, and all other factors of sentencing indicated in the record, the sentence shall be determined as ordered.