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Defendant shall be punished by imprisonment for a term of one year and two months.
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 May 22, 2014, the Defendant received a summary order of KRW 3 million for a crime of violating the Road Traffic Act (driving) from the Sungnam Branch of Suwon District Court on May 2, 2014, and a summary order of KRW 5 million for the same crime in the same court on November 3, 2014.
【Criminal Facts】
On July 5, 2020, at around 01:10, the Defendant: (a) driven a motor vehicle with Crops while under the influence of alcohol 0.078% alcohol level at approximately 2.6km from the front side of Suwon-si, Suwon-si, Suwon-si, to the sex cropopic Ambassador distance in 2038, Seowon-gu, Suwon-si, Suwon-si, Suwon-si; and (b) violated the provision on prohibition of drinking twice or more.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;
1. Field control photographs;
1. Records before judgment: Criminal records, etc. inquiry inquiry reports and application of double copies of summary order Acts and subordinate statutes;
1. Relevant Article of the Act on the Crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. Article 53 or 55 (1) 3 of the Discretionary Mitigation and Mitigation Criminal Act ( considered as favorable circumstances deemed to be the following reasons for sentencing):
1. Article 62 (1) of the Act on Suspension of Execution (The following consideration shall be repeatedly made for the reason for sentencing);
1. The reason for sentencing under Article 62-2 of the Order to Provide community service and attend lectures is that the Defendant again committed the instant crime despite the fact that the Defendant had been punished for drunk driving as stated in its reasoning, and that there is no motive or circumstance to consider the commission of the instant crime is disadvantageous to the Defendant.
On the other hand, the fact that the defendant recognizes the crime of this case and that there is no other record of criminal punishment except before the judgment is favorable to the defendant.
Other circumstances shown in the records, such as the age, character and conduct, motive and background of the crime, results and circumstances of the defendant, etc., shall be determined as per Disposition.