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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 became final and conclusive.
Reasons
Punishment of the crime
On November 18, 2009, the Defendant received a summary order of KRW 2 million from a fine of KRW 1 million due to a violation of the Road Traffic Act, etc., and on May 30, 201, in the same court, the Defendant received a summary order of KRW 700,00 from a fine of KRW 1 million due to the same crime, etc.
At around 13:50 on January 8, 2020, the Defendant driven a motor bicycle from around 1.5km to around 0.123% of blood alcohol concentration, while under the influence of alcohol, from around 13:50, the Defendant driven a motor bicycle from around 1.5km to around D.
As a result, although the defendant was punished for a drunk driving, he again driven a motor vehicle while under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement prepared by each traffic accident-related person;
1. Report on the occurrence of a traffic accident, report on the actual condition of the accident, report on the scene of the accident, report on the investigation (report on the situation of the driver employed), report on the state of the driver employed, report on the results of the drinking driving control, and inquiry into the results of the drinking driving control;
1. Previous records of judgment: Application of criminal records, repeated statements and summary order-related 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. It shall particularly take into account the reflection, health conditions, economic circumstances, the distance of drunk driving and the degree of drinking driving, records of drunk driving (three times of fine), etc. of the reasons for sentencing under Article 62(1) of the Criminal Act; and