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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
The defendant 2014
4. In an Ansan Branch of the Suwon District Court, a summary order of KRW 3 million was issued due to a violation of the Road Traffic Act in the course of violation of the Road Traffic Act.
On October 22, 2019, at around 20:40, the Defendant driven a DNA car with a blood alcohol concentration of about 0.061% while under the influence of alcohol from around 700 meters to the front road of the Seosung City from around 20:40, the Defendant driven a DNA car with a blood alcohol concentration of about 700 meters.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Investigation reports and notification of the results of the control of drinking driving;
1. Previous convictions indicated in judgment: References to criminal records, investigation reports (former and current investigation reports), and copies of summary order Acts and subordinate statutes;
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 Code of the community service order and the defendant had been punished twice for the same crime, but again committed the crime of this case.
However, the sentence shall be determined as ordered by taking into account all the sentencing conditions specified in the records and arguments of this case, such as the fact that the defendant committed a mistake correctly, the fact that there is no previous conviction exceeding a fine, the blood alcohol content is relatively high, the occurrence of an accident, the age, character, career, environment, the circumstances and result of the crime, etc., and the circumstances after the crime.