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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[2] On August 22, 2011, the Defendant received a summary order of KRW 1,50,000 from the Gwangju District Court to a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act. On November 13, 2014, the Defendant received a summary order of KRW 2,00,000 as a crime of violating the Road Traffic Act (toxicly Driving) in the support of the Suwon Friwon method.
[Criminal facts] On May 31, 2018, the Defendant driven B rocketing car under the influence of alcohol content of about 0.056% from the distance of about 1km to the roads in front of the Man-nam cafeteria located in 107-12, 2-gil, 3, 107-12, 10, 200, 200, in order to the front of the mountain village in the same Gun.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the circumstances of driving at home, a report on the circumstances of the driver at home, and an investigation report (a report on the driver at home);
1. Inquiries about the results of crackdown on drinking driving;
1. Previous conviction: Application of a reply to inquiry, such as criminal history, and a copy of each summary order;
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for the sentencing of Article 62-2 of the Criminal Act is that the driving of an order to provide community service and attend lectures places heavy risks to many people.
The Defendant committed the instant crime even though he received a serious warning of the risk of driving drinking through a fine several times.
It is necessary to strictly punish the defendant corresponding to this.
On the other hand, however, the defendant recognizes all of his mistake and reflects.
The Defendant’s blood alcohol concentration at the time of committing the instant crime is not significantly high.
There is no history that the defendant was punished in excess of a fine.
In addition, the punishment shall be determined as ordered in consideration of all the sentencing grounds shown in the instant trial proceedings, such as the age, circumstances of the crime, and circumstances after the crime.