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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On April 30, 2015, the Defendant was sentenced to a summary order of KRW 3 million by a fine for a violation of the Road Traffic Act at the Seoul Central District Court on March 15, 2017, a summary order of KRW 4 million by a fine for a violation of the Road Traffic Act at the Seoul Western District Court on March 15, 2017, and on October 24, 2018, the Defendant was sentenced to a summary order of KRW 6 million by imprisonment for a violation of the Road Traffic Act at the Seoul East East District Court on October 24, 2018, and the said judgment became final and conclusive on November 1, 2018.
around 06:07 on September 12, 2019, the Defendant driven a DK7 car while under the influence of alcohol of about 0.144% in approximately 7.7km section from Seocho-gu to Yongsan-gu Seoul, Seoul.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the control of drinking driving;
1. Previous records of judgment: The application of criminal records, repeated statements, and 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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is a very high crime that may infringe on the life and property of others as well as its own. Therefore, it is necessary to strictly punish a person.
In addition, in this case, the defendant's blood alcohol concentration is relatively high, and the defendant was sentenced to a two-year suspended sentence for violating the Road Traffic Act on October 24, 2018 and the Road Traffic Act on October 24, 2018, and one year has not passed since he was sentenced to a two-year suspended sentence for the violation of the Road Traffic Act and the Road Traffic Act, so it is inevitable to again sentence the same crime during the suspended sentence period.
However, the defendant recognized the crime of this case and reflects it, and the defendant's age, character and conduct, environment, circumstances, etc. shall be determined as the same as the order.