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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 18, 2016, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) in the Changwon District Court's Msan Branch on March 18, 2016.
On September 25, 2020, around 00:30 on September 25, 2020, the Defendant driven an Eststren motor vehicle under the influence of alcohol leveling 0.147% from the Do in front of the apartment apartment B in Changwon-si, Changwon-si to the front road in Changwon-si, Changwon-si C.
Accordingly, the Defendant violated the prohibition of drinking alcohol driving more than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the previous confirmation of such past history);
1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
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 for driving under drinking, but caused the instant crime.
The amount of alcohol concentration in blood is also high.
However, the defendant is recognized as committing a crime and is against the law.
statement is made.
In addition, the sentencing conditions, such as the defendant's age, sex, environment, background, circumstances after the crime, etc., shall be determined as per the order.