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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 June 28, 2017, the Defendant was issued a summary order of KRW 4.5 million as a crime of violating the Road Traffic Act (driving) in the Changwon District Court’s Seongbuk Branch.
【Criminal Facts】
On October 15, 2019, at around 00:48, the Defendant driven a f bargaining vehicle under the influence of alcohol with approximately 2 km alcohol concentration of about 0.077% from the 2km section from the following roads located in the Changwon-si, Changwon-si B to the roads adjacent to the E Elementary School located in the same Gu.
As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the driver, the report on the situation of the driver, and the report on the status of the driver;
1. Previous records: Application of criminal records, inquiry records, and copies of summary order Acts and subordinate statutes;
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. The reason for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service was that the Defendant had been punished once a drunk driving or a refusal to measure drinking, but led to the instant crime.
However, the defendant recognizes the facts of crime.
The blood alcohol concentration is not a high letter.
There is no criminal record exceeding a fine.
In addition, the sentencing conditions, such as the age, character and conduct, environment, circumstances, circumstances after the crime, etc., shall be determined as per the order.