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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 November 25, 2016, the Defendant received a summary order of KRW 1,50,00,000 as a fine for a violation of the Road Traffic Act (driving) from the Cheongju District Court Support on Cheongju District Court.
Nevertheless, at around 01:10 on May 3, 2020, the Defendant driven a D low-speed passenger vehicle under the influence of alcohol content of about 0.090% in the section of about 2km from the front of the restaurant in the business in the Suchip transfer Dong at Suwon-si to the front of C in Suwon-si B.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the result of crackdown on drinking driving;
1. Report on the circumstantial statement of the driver, and report on the detection of the driver;
1. Previous convictions indicated in judgment: Criminal records, inquiry reports and the application of Acts and subordinate statutes (the confirmation of criminal records for driving a motor vehicle or a drunk);
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. According to the reasons for sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by taking into account the various sentencing conditions shown in the records and arguments of this case, such as the circumstances and age of the defendant, character and conduct, family environment, motive, means and consequence of the crime, the circumstances after the crime, etc.
The defendant has been punished for a violation of the Road Traffic Act in 2016.
The favorable circumstances: At the time of crime and the mistake are divided.
There is no record of punishment exceeding the fine due to the same kind of crime.