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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 March 15, 2012, the Defendant was issued a summary order of KRW 1 million for the crime of violating the Road Traffic Act (driving) at the Changwon District Court's Jinju branch on March 15, 2012.
On July 3, 2020, at around 21:15, the Defendant driven a F rocketing car under the influence of alcohol concentration of about 0.047% on the front of the “E” road located in Jinju-si B, Jin-si, with the front of the “E” road located in D at Jin-si.
Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control results of drinking-driving, report on the circumstances of drinking-driving drivers, and investigation report (report on the circumstances of drinking-driving drivers);
1. Previous records of judgment: Criminal records, references to criminal records, reporting on the previous records of disposition and results of confirmation, and application of Acts and subordinate statutes by a summary order;
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. Mitigation: Articles 53 and 55 (1) and (3) of the Criminal Act;
1. Suspension of execution: Article 62 (1) of the Criminal Act (Consideration, blood alcohol concentration, punishment power, health condition, etc.);
1. Probation, community service order or order to attend a lecture: The person was punished for the same crime as the sentencing of Article 62-2 of the Criminal Act, and the person was under the influence of drinking again while being served with a summary order after injuring the victim of a traffic accident;
However, the crime is recognized.
Other factors such as blood alcohol concentration, health condition, environment, etc. are considered.