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Defendant shall be punished by imprisonment for a term of one year and four months.
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 March 6, 2015, the Defendant is a person who has received a summary order of KRW 7 million due to a violation of the Road Traffic Act (driving) in the Gangwon District Court's Goyang Branch on March 6, 2015.
On June 7, 2020, at around 04:08, the Defendant driven C-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-dong in the state of alcohol of about 10.7 km from the front day of the high-ri-dong, Guro-gu, Seoul to the front day of the Seoul Mapo-gu, with a blood alcohol concentration of about 0.109%.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Application of Acts and subordinate statutes to the defendant's statutory statement, circumstantial statement, investigation report on the result of crackdown on drinking driving, criminal records, etc. and investigation report on the criminal records, investigation report (Attachment to the same type 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. The reason for sentencing under Article 62-2 of the Criminal Act was that the Defendant was punished for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in 2015.
Meanwhile, considering the circumstances favorable to the defendant, such as the fact that the defendant again said that he would not commit such an error, the punishment as ordered shall be determined by taking into account the various circumstances favorable to the defendant, such as the drinking water and driving distance of the case, the age, character and conduct, environment, motive and consequence of the crime, circumstances after the crime, etc., and the sentencing conditions as shown in the records and arguments.