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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 May 29, 2009, the Defendant was issued a summary order of KRW 5 million for a fine of KRW 5 million due to a violation of the Road Traffic Act, etc. in the credit support of the Suwon District Court.
The defendant is a person who is engaged in driving a B-Wood vehicle.
At around 17:00 on January 25, 2020, the Defendant driven the said car under the influence of alcohol concentration of about 0.191% from the section of about 9km from the front of the Triju City to the front of the public parking lot in the north of the city.
Accordingly, the defendant, who violated the prohibition of drinking driving, was driving the car under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Investigation report (verification of the same record as a suspect), and application of summary order-related Acts and subordinate statutes;
1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Taking into account the unfavorable circumstances, such as the fact that an order to attend a lecture was imposed three times due to drinking alcohol driving for the reason of sentencing under Article 62-2 of the Criminal Act, 2001, 2004, 2009, etc., however, considering the fact that the order to attend a lecture has not been punished due to drinking alcohol driving after around 2009, the fact that the order to attend a lecture has not been punished due to drinking alcohol driving after around 2009, and that there was no penalty exceeding the fine.
In this regard, all the sentencing conditions of Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, drinking distance, driving distance, etc., are reviewed as above.