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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
[Criminal Power] On July 7, 2008, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act at the Gangseo branch court of the Chuncheon District Court.
【Criminal Facts】
On May 9, 2020, at around 17:38, the Defendant driven Crostyp vehicles while under the influence of alcohol content 0.137% in a section of about 30km from the 30km to the west-gun’s neighboring roads to the west-gun, Jeonnam-gun, Jeonnam-do.
Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Statement on the circumstances of a drinking driver, investigation report (report on the circumstances of a drinking driver), and notification of the results of the control of drinking driving;
1. Previous convictions in judgment: Application of each of the criminal records, reference reports (A), investigation reports (verification of criminal records of the same kind as a suspect), and copies of summary orders, respectively;
1. Relevant Article of the Act on Criminal Facts, Articles 148 (1) and 44 (1) of the Road Traffic Act, the choice of punishment, 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. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures is not very good for the crime to be committed at any time, and the voice of our society demanding strong punishment.
The defendant is a person who has been punished for drinking twice in the past.
Nevertheless, the risk of drinking driving has not been broken down, and it has caused serious danger to the safety of the general public by driving under drinking again.
At the time, the defendant's blood alcohol concentration is considered as the blood alcohol concentration of the defendant.
However, the attitude of the defendant's wrong and repenting is visible, and even if so, the risk of the defendant has not been realized, the circumstances favorable to the defendant shall be considered.
Defendant. Other defendant.