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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 June 7, 2012, the defendant was issued a summary order of KRW 5 million for a violation of the Road Traffic Act in the Sung-nam branch of Suwon District Court on June 7, 2012.
On June 3, 2020, the Defendant, while under the influence of alcohol at 0.236% of blood alcohol level, driven B car truck trucking vehicles at the section of about 40km from the front of the restaurant in the Soyang-gu Sodong in Gyeonggi-gu, Gyeonggi-gu to the Gansan-gu, Seoul except Seoul, to the Gannam-gu, which is located in the business of Goyang-gu.
Accordingly, the defendant was driving not less than twice while under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the control results of drinking driving, report on the situation of drinking driving, and report on the circumstantial statement of drinking drivers;
1. Application of Acts and subordinate statutes to criminal records, reply reports, investigation reports (a) and other Acts and subordinate 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 reason for sentencing under Article 62-2 of the Criminal Act is that the defendant again committed the crime of this case even if he had a previous record of several times, the blood alcohol concentration of the defendant was high enough, the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc. of this case at intervals of time from the same criminal record, and other conditions of sentencing specified in the pleadings of this case, such as the defendant's age, character and conduct, character and environment, motive of the crime