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Defendant shall be punished by imprisonment for a term of one year and six months.
However, the above sentence shall be executed for three years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
[criminal power] On September 21, 201, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (driving) in the Gwangju District Court’s net support on September 21, 201, a fine of KRW 3 million for the same crime in the same court on November 3, 2009, and a fine of KRW 700,000 for the same crime in the same court on June 25, 2008, respectively.
【Criminal Facts】
On December 30, 2019, at around 21:10, the Defendant driven a co-owned truck, while under the influence of alcohol concentration of about 0.046% from the front of the restaurant to the direction of Busan (9km point) in the South Sea Highway (9km point) of the same city, the Defendant was under the influence of alcohol concentration of about 5km at around 21:10.
Accordingly, the defendant, who has a criminal record of drunk driving, was driving again.
Summary of Evidence
1. Notification of the defendant's legal statement, the report on the circumstances of the driver's oral statement and the control results of drinking driving;
1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;
1. Relevant Articles 148-2(1) and 44(1) of the former Road Traffic Act (wholly amended by Act No. 17371, Jun. 9, 2020); the choice of imprisonment for a crime;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. The reason for sentencing under Article 62-2 of the Act on the Suspension of Execution under Article 62(1) of the Social Service Order is that the Defendant’s blood alcohol concentration and the Defendant’s age, character and conduct, environment, criminal records (the records of being fined three times due to the same kind of crime) at the time of the instant case, concentration of blood alcohol at the time of driving, the degree of drunk driving distance, and the circumstances after committing the crime, etc. shall be comprehensively considered and all of the sentencing factors in the instant trial process