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Defendant shall be punished by imprisonment for a term of one year and six months.
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 October 23, 2017, the Defendant was issued a summary order of KRW 2 million at the Seoul Western District Court as a crime of violating the Road Traffic Act (driving).
【Criminal Facts】
On May 8, 2020, the Defendant driven B rocketing car with approximately 200 meters alcohol concentration of approximately 0.20% from the section of 200 meters of alcohol level to the front road of the same Sungdong Culture Storage Base, Mapo-gu, Seoul.
Accordingly, the defendant violated the prohibition of re-offending of drunk driving more than twice.
Summary of Evidence
1. The application of Acts and subordinate statutes to the defendant's legal statement, statement statement, control of drunk driving, inquiry report on criminal records, investigation records, etc. and investigation reports;
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 reason for sentencing under Article 62-2 of the Criminal Act, even though the Defendant had been punished once for drinking driving in 2017, was also driving under the influence of alcohol.
At the time of this case, the drinking alcohol level is very high, and the traffic accident occurred due to the drinking driving of this case.
On the other hand, the records of drinking driving are all criminal records, and the defendant again does not commit such errors.
In addition, the punishment as ordered shall be determined by comprehensively taking into account the various circumstances, such as the drinking alcohol level and driving distance, the age, character and conduct, environment, motive and consequence of the crime, circumstances after the crime, etc., and the conditions for sentencing as shown in the pleading.