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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
Criminal facts
On December 12, 2007, the Defendant was sentenced to a fine of two million won as a crime of violating Road Traffic Act (drinking driving) in the Gwangju District Court's net support on December 12, 2007.
On November 1, 2020, the Defendant driven a B-hand car under the influence of alcohol level of about 0.082% in a section of approximately 200 meters from the Do in front of the Dobong-dong office located in C-dong in C-dong at a summer-si, and from the Do in front of the same Do to the Do in front of the three-distance roads.
Summary of Evidence
1. Statement by the defendant in court;
1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;
1. Previous convictions in judgment: Application of a reply to inquiry, text of judgment, and summary order, such as criminal history;
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 reason for sentencing under Article 62-2 of the Criminal Act lies in driving under the influence of alcohol again even though the defendant had a history of criminal punishment on several occasions due to drinking and driving without a license, and such risk is high.
However, the defendant would not drive drinking again while reflecting his own mistake in depth.
The defendant's age, sex behavior, environment, family relationship, criminal history, background and result of the crime of this case, and other various conditions of sentencing as shown in the record shall be determined by taking into account the following circumstances: the defendant's age, sex behavior, environment, family relationship, criminal history, circumstances after the crime.