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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 three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On June 4, 2008, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act, a summary order of KRW 700,000 as a fine for the same crime in the same court on January 20, 209, a summary order of KRW 700,000 as a fine for the same crime, a summary order of KRW 6 million in the same court on August 13, 2014, and a summary order of KRW 6 million was issued in the same court on January 16, 2015.
On June 23, 2020, at around 03:49, the Defendant driven a motor vehicle in Btec, while under the influence of alcohol 0.140% from a section of approximately 3 km to the above intersection, from the road near the Yansan-si, Masan-si, Yan-dong, Yannam-gu, Seoul-si, to the extent that the Defendant was under the influence of alcohol 0.140%.
Accordingly, the defendant was driven under drinking not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Statement on the circumstances of a drinking driver, investigation report (report on the circumstances of a drinking driver), and inquiry into the results of the crackdown on drinking driving;
1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment of the same criminal records) and other Acts and subordinate statutes;
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 grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act include the defendant's blood alcohol concentration, driving distance and driving background, and the criminal records of the defendant's punishment at the time of the crime of this case, and all of the sentencing conditions shown in the records and arguments shall be determined as ordered.