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A 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 3, 2014, the Defendant was issued a summary order of KRW 3 million for the crime of violating the Road Traffic Act at the Suwon District Court’s Eunpyeong site.
On March 22, 2020, at around 21:14, the Defendant driven a Fro-car in the state of alcohol alcohol concentration of approximately 0.147% from the 2km section to the front road of “E” located in Pyeongtaek-si B.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement, investigation report, and notification of the result of crackdown on drinking driving;
1. Previous records of judgment: Criminal records, etc., inquiry reports and investigation reports (Attachment of the same criminal records and criminal records),- Application of Acts and subordinate statutes governing 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. Article 62 (1) of the Criminal Act;
1. In addition, even though it was punished by a three-time fine (2002, 2006, and 2014) due to the reason of sentencing in Article 62-2 of the Criminal Act, the pertinent drinking driving was conducted at the same time, and the drinking level of drinking driving was high and the driving distance is not short.
The liability for the crime is not easy.
However, the fact that the defendant reflects his mistake and that there is no record of punishment exceeding the fine due to the existing drinking driving is considered in favor of the defendant.
In addition, the punishment as ordered shall be determined by comprehensively taking into account various sentencing factors, such as the defendant's age, character and conduct, environment, background of drinking driving, circumstances after the crime, drinking alcohol and driving distance.