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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 15, 2007, the Defendant received a summary order of KRW 2 million from the Incheon District Court to a fine of KRW 1,00,000,000 as a crime of violation of the Road Traffic Act. On September 5, 2013, the Defendant received a summary order of KRW 3,00,000 as a penalty of violation of the Road Traffic Act from the Incheon District Court’s subsidiary branch office.
Around 23:50 on June 21, 2020, the Defendant driven a c car under the influence of alcohol concentration of about 0.048% from a 30-meter section from the balone road to the front road of Silung-si to Silung-si.
Summary of Evidence
1. The defendant's legal statement, the circumstantial statement, and the place of drinking output;
1. Before judgment: Criminal records, investigation reports, and application of Acts and subordinate statutes concerning summary order;
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. Taking into account all the circumstances, such as the frequency of punishment imposed for the previous drinking driving for the reason of sentencing under Article 62-2 of the Criminal Act, the timing and details of punishment, the blood alcohol concentration level, and driving circumstances;