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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 25, 2016, the Defendant was issued a summary order of KRW 3 million for the crime of violation of the Road Traffic Act in the official housing support of the Daejeon District Court.
On August 9, 2020, at around 03:05, the Defendant driven a CK7 car from a private square parking lot located at the Cheongju-si in the Gongju-si to B in the front road, in a state of alcohol of 0.151% of blood alcohol concentration.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Notification of the defendant's legal statement and the control of drinking driving;
1. Application of Acts and subordinate statutes to a summary order as a result of inquiry, such as criminal records of a statement on circumstances of a host driver;
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. The defendant of the reason for sentencing under Article 62-2 of the Criminal Act, even though he had a previous record of drinking alcohol driving, was re-driving a motor vehicle.
At the time, the blood alcohol concentration of the defendant was high, and the drinking driving distance is also reasonable.
However, the fact that the defendant seems to have suffered from his mistake and against himself shall be considered in light of the circumstances favorable to him.
In addition, the sentencing factors of the defendant's age, character and conduct, criminal records (including criminal records, etc. due to crimes), environment, background of crimes, and circumstances after crimes, etc., which are shown in the arguments of this case, shall be determined as ordered.