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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
【Criminal Records of Crimes】 On December 20, 2013, the Defendant received a summary order of KRW 1,500,000 from the Seoul Northern District Court to a fine of KRW 1,500,000 as a crime of violating the Road Traffic Act. On December 14, 2018, the Seoul Central District Court received a summary order of KRW 4 million as the same crime.
【Criminal facts” From September 26, 2020 to the road near Songpa-gu Seoul Metropolitan Government B, the Defendant driven D's car under the influence of alcohol concentration of about 600 meters from the 600-meter section to the front road of the same Gu, while under the influence of alcohol content of about 0.114%.
As a result, the Defendant again driven a motor vehicle while under the influence of alcohol in violation of the prohibition of drinking driving.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver who is placed in the main place of driving;
1. Notification of the results of crackdown on drinking;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (verification of criminal history), and a copy of a summary order;
1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant recognized the offense; (b) the Defendant’s criminal records; (c) the degree of alcohol level during blood transfusion; (d) driving distance; and (e) the time interval between the instant drinking driving and the instant drinking driving; and (e) the sentencing conditions specified in the records and arguments, including the time interval between the instant drinking driving and the instant drinking driving. The sentence