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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 December 8, 2006, the Defendant received a summary order of KRW 2,50,000 from the Seoul Western District Court to a fine of KRW 2,50,000,000 for a violation of the Road Traffic Act, and on July 30, 2010, a summary order of KRW 2,00,000 for a fine of KRW 2,00 for the same crime.
At around 02:00 on June 18, 2020, the Defendant driven a e-learning car under the influence of alcohol level of about 0.137% from the parking lot of the C school located in B at the time of the Gyeonggi-si, to the front of D in the same city.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the report on the statement of the state of drinking drivers, and the control results of drinking driving;
1. Previous convictions in judgment: Application of the Acts and subordinate statutes of four copies of criminal records and summary order;
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. Probation and lecture attendance orders and community service order Article 62-2 of the Criminal Act are subject to punishment four times for the reason of sentencing, so a sentence of imprisonment shall be chosen.
However, since 2010, there are no particular criminal records including criminal records of the same kind, considering the fact that the risk of drunk driving, such as traffic accidents, is not realized, and the fact that the risk of traffic accidents, etc. is against the mistake, and other various sentencing factors such as the defendant's age, social relationship, etc., the sentence shall be determined as ordered and the execution thereof shall be suspended, but probation, etc. shall be added.