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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
[criminal power] On December 9, 2015, the Defendant was issued a summary order of KRW 1.5 million by the Seoul Northern District Court for the crime of violation of the Road Traffic Act.
【Criminal Facts】
On June 21, 2020, the Defendant driven a DNA bee-cracked vehicle under the influence of alcohol concentration of approximately 0.062% from the front of the Guri-si B to the front of the Namyang-si, Namyang-si.
Accordingly, the defendant violated the prohibition of drinking under the Road Traffic Act more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, and inquiry into the results of the control of drinking under the influence of alcohol;
1. Previous convictions indicated in the judgment: Criminal history records, references (A), reporting on the results of confirmation before disposition, and application of Acts and subordinate statutes of the 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. The reason for sentencing under Article 62-2 of the Criminal Act committed the instant crime even though the Defendant had been punished for drunk driving in 2003 and 2015.
Defendant has been punished several times for a crime of matho.
However, considering the fact that the defendant recognized the crime, the blood alcohol concentration of this case is relatively low, and the distance and frequency of drinking driving, the circumstances leading up to detection, the age and character of the defendant, family relation, motive and means of the crime, circumstances after the crime, etc., as a whole, the sentencing conditions specified in the records and arguments of this case shall be determined as ordered.