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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 December 29, 2006, the Defendant issued a summary order of KRW 500,000 as a fine for a violation of the Road Traffic Act at the Seoul Eastern District Court on December 29, 2006, and on March 31, 201, the Seoul Northern District Court issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act.
On January 11, 2020, at around 09:58, the Defendant driven a DNA car with a blood alcohol concentration of 0.033% while under the influence of alcohol at the 1km section from the front of the Guri-si B apartment to the front road of the Guri-si apartment.
Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the control of drinking driving, the report on the situation of drinking driving, and the report on the status of drinking drivers;
1. Application of Acts and subordinate statutes to criminal records, etc. inquiry report (A), investigation report (a summary order for running a sound driving);
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;
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 Criminal Act;
1. The scope of punishment by law: Imprisonment with prison labor for a period from one year to two years and six months;
2. No sentencing criteria shall be set;
3. Since the Defendant was sentenced to punishment for a crime of violating the Road Traffic Act around 2006 and around 2011, considering the distance from the previous penal records and the degree of alcohol content in the blood of this case is 0.033%, the Defendant’s age, character and conduct, family relationship, motive and means of the crime, circumstances after the crime, etc., the sentence shall be determined as ordered by comprehensively taking into account various sentencing conditions as shown in the records and arguments of this case, including the following: