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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] The Defendant was sentenced to a fine of KRW 2 million at the Seoul Eastern District Court on June 3, 201 as a crime of violation of the Road Traffic Act (driving).
【Criminal Facts】
On November 29, 2019, the Defendant: (a) around 22:35 on November 29, 2019, while under the influence of about 80m alcohol concentration from the front of the C cafeteria in Pyeongtaek-si B to the Pyeongtaek-si D, the Defendant violated the provision on the prohibition of drunk driving under the Road Traffic Act not less than twice by driving the E 5 cars under the influence of alcohol concentration of about 0.051%.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control of drinking driving;
1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A), investigation reports (report on the confirmation of criminal records of the same kind of suspect);
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking account of the Defendant’s age, character and conduct, and environment, such as drinking water in this case, the repeated criminal records of the Defendant, and other various sentencing conditions indicated in the records of this case.