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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal history] On July 25, 2012, the Defendant received a summary order of KRW 2,50,000,000 as a crime of violating the Road Traffic Act from the Suwon Flag method Board.
[Criminal facts] On August 3, 2020, the Defendant driven Eone Star vehicle under the influence of alcohol 0.089% in blood from around 500 meters to Pyeongtaek-si’s front road from Pyeongtaek-si B through Pyeongtaek-si’s front road.
Accordingly, the Defendant violated the prohibition of drinking under the Road Traffic Act more than twice.
Summary of Evidence
1. Reports on legal statements by defendants on traffic accidents;
1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;
1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;
1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reasons for sentencing under Article 62-2 of the Criminal Act, including the drinking volume of this case for the reason of sentencing, the circumstances leading up to the Defendant’s driving of drinking, the criminal records of the Defendant’s same kind, and other factors for sentencing under Article 51 of the Criminal Act, such as the Defendant’s age, sexual behavior, environment, etc., shall be determined as ordered by considering