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1. The defendant shall be punished by imprisonment for one year;
2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;
3.
Reasons
Punishment of the crime
[Criminal Power] On June 25, 2015, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act from the District Court of Jung-gu.
【Criminal Facts】
On March 18, 2020, at around 04:29, the Defendant driven a C-learning car under the influence of alcohol concentration of 0.093% in the section of approximately 15 meters prior to the 15-meter road of the building B in Bupyeong-si.
Summary of Evidence
1. Defendant’s legal statement, traffic accident, actual condition survey report, on-site photographs, and notification of the results of drinking driving control;
1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes to criminal investigation reports (Attachment to summary orders related to suspects);
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 Act is that the driving of drinking alcohol can cause serious damage to the life, body, and property of another person, so the corresponding punishment is needed.
In addition, even though the defendant was punished as a crime of violation of the Road Traffic Act in 2015 (hereinafter referred to as a fine), since he/she committed the same crime at once, his/her responsibility cannot be deemed to be less than that of the defendant.
(A) The Defendant was aware of the fact of drunk driving by a police officer who was dispatched after the vehicle was concealed. However, considering the following factors: the Defendant’s character and behavior, age, motive and background of the crime, circumstances after the crime, blood alcohol concentration, and time interval between the previous drunk driving, the sentence like the order shall be determined by comprehensively taking into account the following factors:
It is so decided as per Disposition for the above reasons.