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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 February 21, 2014, the defendant was issued a summary order of a fine of three million won by the District Court of Jung-gu to the crime of violation of the Road Traffic Act.
On March 1, 2020, the Defendant, while under the influence of alcohol of 0.083% of blood alcohol level, driven a Fsch Rexton Sports Vehicle at approximately KRW 1 km from the street corner to the “E” parking lot located in Gyeonggi-si B, Gyeonggi-si.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of a driving under the influence of alcohol, report on the situation of a driving under the influence of alcohol, report on the control of a driving under the influence of alcohol, and inquiry into the results of the
1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;
1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or 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 Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, committed the instant crime even though he/she had been punished for the violation of the Road Traffic Act around 2014.
Considering the interval with the previous punishment history, the blood alcohol content of the instant case is 0.083%, the punishment as ordered shall be determined by comprehensively taking into account the Defendant’s age, character and conduct, family relationship, motive and means of the crime, circumstances after the crime, and other various sentencing conditions shown in the records and arguments.