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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
[criminal power] On January 18, 2013, the Defendant was issued a summary order of KRW 1.5 million by the same court as a crime of violating the Road Traffic Act (driving) at the Gyeyang Branch of Suwon District Court on January 18, 2013, and a fine of KRW 1.5 million by the same court on June 26, 2016.
【Criminal Facts】
On April 15, 2020, at around 00:55, the Defendant driven B car from the front side of the Indukwon Station located in the Sinyang-dong in the Sinpo-si in the state of alcohol 0.161% of blood alcohol concentration, to the front road of the Sinpo-si in the Sinpo-si, Sinpo-si.
Accordingly, the Defendant violated the duty of prohibition of drunk driving at least twice under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. A copy of the circumstantial statement of the drinking driver, the next-time inquiry (B), the request for appraisal, and the report on detection of the drinking driver (blood collection result);
1. Records of seizure and the list of seizure;
1. Previous records of judgment: The application of criminal records, repeated statements, and 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(1) of the Criminal Act and Article 59 of the Act on Probation, etc. are against the defendant's recognition of the crime, taking full account of the criminal records, blood alcohol concentration, driving distance, the defendant's age, character and conduct, environment, motive, means and result of the crime, and all the conditions of sentencing specified in the arguments in the instant case, including the circumstances after the crime, etc., the sentence shall be determined as ordered.