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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 September 30, 2014, the Defendant received a summary order of KRW 5 million due to a violation of the Road Traffic Act (driving) from the District Court of the Republic of Korea.
On September 6, 2019, at around 09:30, the Defendant driven C 2 truck with a blood alcohol content of about 500 meters from the 50-meter section to the 100 light-based underground tea in the same city-based 09:40 on the same day, the Defendant driven C 2 truck with a blood alcohol content of about 0.114%.
As a result, the Defendant again driven a motor vehicle while under influence of alcohol in violation of the prohibition of drinking driving.
Summary of Evidence
1. Statement by the defendant in court;
1. Making a report on the control of drinking driving;
1. Previous records before ruling: Application of criminal records, inquiry reports, and copies of summary orders;
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. There is a record of punishment for drinking driving even before the defendant's reasons for sentencing Article 62-2 of the Criminal Code of the Order to Attend the lecture.
Nevertheless, the crime of this case was committed while driving under the influence of 0.114% of the blood alcohol concentration in the second blood.
However, it shall be considered in favor of the defendant who recognizes the crime and reflects it.
The punishment as ordered shall be determined by comprehensively taking into account the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record.