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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 August 23, 2012, the Defendant was issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act by the District Court of Jung-gu.
On January 20, 2020, the Defendant was under the influence of alcohol with 0.039% of blood alcohol concentration at around 22:15, and was driving a fribrid motor vehicle from the front side of “C” in Guri-si B to the front side of “D” and “E” in Guri-si.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the situation of a drinking driver, investigation report (report on the circumstances of a drinking driver), inquiry into the results of the crackdown on drinking driving, and report on the situation of a drinking driving;
1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports, investigation reports, and summary orders;
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 sentenced to punishment for a violation of the Road Traffic Act (driving) around 2012, the sentence shall be determined as ordered by comprehensively taking into account the following factors: (a) the interval with the previous penal records; (b) the blood alcohol concentration in the instant case is 0.039%; and (c) the Defendant is economically difficult circumstances; and (d) the Defendant’s age, character and conduct, family relationship; (b) motive and means of the offense; and (c) other various sentencing conditions specified in the records and arguments, including the circumstances after the offense