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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 October 5, 2012, the Defendant issued a summary order of KRW 1,500,000 to a fine for a violation of the Road Traffic Act by the District Court of the Republic of Korea.
On August 14, 2019, the Defendant was under the influence of alcohol with 0.156% of alcohol concentration in blood on August 14, 2019, and was driving from the frontway of “C” in “C” in “YY” in “YYYYYYYY” to the front direction of “D” in “SYYYYYYYYYY
Accordingly, the defendant was driven under the influence of alcohol not less than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Making a report on the control of drinking driving;
1. Previous records of judgment: Inquiries into inquiry reports, investigation reports (Attachment to previous records of the same type and a copy of the judgment), application of Acts and subordinate statutes;
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 of Article 62-2 of the Criminal Act is that the defendant has been punished several times due to drinking or unlicensed driving even before the sentence is rendered.
Nevertheless, the crime of this case was committed while driving under the influence of 0.156% of the blood alcohol concentration in the second blood.
However, the fact that the defendant's criminal act is against the defendant and the majority of the defendants want to take into account the circumstances favorable to the fact that social ties seems clear, such as the fact that the defendant's criminal act is against the defendant, and the defendant's wife want
The punishment as ordered shall be determined by comprehensively taking into account the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record.