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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
[Criminal Power] On May 23, 2017, the Defendant was issued a summary order of KRW 3 million by the Gwangju District Court for the crime of violation of the Road Traffic Act.
【Criminal Facts】
On December 07, 2019, around 01:18, the Defendant driven DK7 vehicles under the influence of alcohol concentration of about 0.079% from approximately 6km to Gwangju Northern-gu C at approximately 6km.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the results of crackdown on drinking driving;
1. Previous convictions in judgment: Application of inquiries, such as criminal records, and one copy of a summary order;
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. When the reason for sentencing under Article 62-2 of the Criminal Act includes a long-term force of sentencing, a person who had already been punished by a fine for drinking driving on two occasions prior to the instant crime shall be selected and punished by imprisonment at a time, taking into account the fact that the last force of drinking driving and the distance between the instant crime is not long, and that the Defendant’s crime of drinking driving by causing a single traffic accident that meets the central separation zone of the road and the instant crime is crackdownd.
Other punishment as ordered shall be determined in consideration of the degree of blood alcohol, the details of the drinking driving, the distance and place of the drinking driving, the age, character and conduct, environment, circumstances after the crime, etc.