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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 March 4, 2013, the Defendant received a summary order of KRW 1.5 million from the Incheon District Court's Busan District Court to a fine of KRW 1.5 million due to a violation of the Road Traffic Act, and a summary order of KRW 4 million due to a violation of the Road Traffic Act at the Incheon District Court's Incheon District Court on November 28, 2013.
On December 30, 2019, at around 23:45, the Defendant driven a B car under the influence of alcohol level of about 0.081% in the section of approximately 5km from the roads on which Kimpo-dong Spo-si Spo-si Spoon Mapo-si, Kimpo-si, Kimpo-si, Incheon, to the direction of 79km of the Kpo-dong, Seoul.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Previous convictions in judgment: Application of criminal records, etc. and other 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. In the event that the sentencing of Article 62-2 of the Criminal Act under the order to attend a lecture has a numerical value of blood alcohol concentration for the reason of sentencing, the distance and time of drinking driving, and the history of punishment for drinking driving again, resulting in considerable danger to the safety of the general public by causing traffic accidents, such as causing traffic accidents, by driving in drinking condition again, while driving in drinking condition. After the last record, the time interval between the crime of this case and the crime of this case, the recognition of the crime of this case, the fact that there is no past record of fine exceeding the fine, and the defendant's age, character and behavior, environment, background of the crime, and circumstances after the crime, etc.