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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 5, 2010, the Defendant was sentenced to a summary order of a fine of two million won for a crime of violation of the Road Traffic Act at the Suwon District Court, and on November 28, 2013, the Defendant was sentenced to a suspended sentence of two years for eight months for a crime of violation of the Road Traffic Act, such as the violation of the Road Traffic Act (driving).
On October 16, 2019, while under the influence of alcohol of 0.095% of blood alcohol concentration on October 16, 2019, the Defendant driven a DNA car on the road of approximately 42 kilometers from the vicinity of the Seoul High Bus Terminal located in Seocho-gu Seoul Metropolitan Government to the front of the Kimpo-si C elementary school located in Kimpo-si B.
As a result, the defendant violated the Road Traffic Act (driving) more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control of drinking driving;
1. Application of Acts and subordinate statutes to criminal records, inquiry reports;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting the crime;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. On the grounds of sentencing under Article 62-2 of the Criminal Act for taking lectures and community service orders, comprehensively taking into account the following circumstances: Defendant’s age, character and conduct, environment, motive for committing a crime, and circumstances after committing a crime, the sentence as ordered shall be determined.
3. Unfavorable circumstances: The more favorable circumstances such as the three-time drinking driving, the longer distance of drinking driving, and the fact that the suspension of the execution was imposed due to the previous drinking driving: The fact that there is a big gap between previous crimes and the time, and that his mistake is divided and reflected, etc.