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Defendant shall be punished by imprisonment for a term of one year and two 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 December 20, 2012, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act, and on June 19, 2013, the Defendant received a summary order of KRW 4 million as a fine for the same crime in the same court on June 19, 2013, and on October 21, 2013, issued a summary order of KRW 7 million as a fine for the same crime in the same court.
On May 10, 2020, at around 18:37, the Defendant driven a DPoter Ⅱ in a section of about 3 km from the front to the front road of Seosan-si, Seosan-si, 0.114% alcohol concentration.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control of drinking driving;
1. The circumstantial statement of the employee;
1. Application of Acts and subordinate statutes to inquiries about criminal records, etc. and summary orders;
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 Code of the Order of Education and the Order of Community Service was that the Defendant was sentenced to a fine due to drinking driving three times, but the Defendant was involved in the accident while driving under drinking. The blood alcohol level at the time of the instant drinking driving was 0.114% higher than that of the instant drinking driving.
In addition, the defendant's age, character and conduct, criminal records, environment, circumstances, and circumstances after committing the crime, etc. shall be comprehensively considered to determine the punishment as ordered.