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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 October 17, 2014, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving) from the Goyang branch court of the Jung-gu District Court on October 17, 2014.
On September 17, 2019, around 22:32, the Defendant driven an Ebmw car under the influence of alcohol content of about 0.062% from the 300-meter section of blood alcohol content to the D apartment road in the city of Speaker-si.
As a result, the Defendant driven a motor vehicle under the influence of alcohol in violation of the prohibition of drunk driving twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, and inquiry into the results of the control of drinking under the influence of alcohol;
1. Application of criminal records, reply reports, and summary order statutes;
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act;
1. The scope of punishment by law: Imprisonment with prison labor for a period from one year to two years and six months;
2. No sentencing criteria shall be set;
3. As the Defendant was punished for a violation of the Road Traffic Act (driving) around 2014, the sentence sentence is determined in light of the distance with the previous penal records, particularly the fact that the blood alcohol concentration in the instant case is 0.062%, taking into account the Defendant’s age, character and conduct, family relationship, motive and means of the crime, circumstances after the crime, and other various sentencing conditions as shown in the instant records and arguments.