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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 of the final judgment.
Reasons
Punishment of the crime
[criminal power] On February 14, 2007, the Defendant received a summary order of KRW 2,50,000 from the Incheon District Court to a fine of KRW 2,50,000,000 as a crime of violation of the Road Traffic Act (driving). On November 5, 2007, the Defendant received a summary order of KRW 2,00,000 from the Incheon District Court to a fine of KRW 2,50,000 as a crime of violation of the Road Traffic Act (driving).
【Criminal Facts】
On September 24, 2019, around 04:33, the Defendant driven Drvoon car, while under the influence of alcohol content 0.11%, from approximately 2 km to the same Gu C apartment road from the Seo-gu Incheon, Seo-gu, Incheon to the same Gu C apartment road.
As a result, the defendant had a history of drinking driving, but again carried out drinking driving.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Making a report on the control of drinking driving;
1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of the same criminal records), and application of Acts and subordinate statutes governing summary orders;
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 (Article 62 (1) of the suspended sentence (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act, including the fact that there are several criminal records of the same kind in which the defendant was led to his confession, and that the most
1. Order to attend lectures under Article 62-2 of the Criminal Act;