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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
The Defendant issued a summary order of KRW 6 million at the Jeju District Court on January 2, 2014 by a fine of KRW 4 million for a violation of the Road Traffic Act (driving) and on March 16, 2015 by a fine of KRW 6 million (driving) in the same court on March 16, 2015 and the records of drinking driving are two times or more.
On January 5, 2019, around 2:08, the Defendant driven D SM3 car under the influence of alcohol level of about 0.201% in the 20km section from the 2nd place of C cafeteria located in Jeju City, to the 35-8thm of the enclosed C cafeteria in the same Si/Eup in the same city.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of running a driving under the influence of alcohol, inquiry into the results of the crackdown on driving under the influence of alcohol, and report on the state of standing for driving under the
1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports;
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. Article 62 (1) of the Criminal Act (The following conditions shall be considered in light of the favorable circumstances among the reasons for sentencing);
1. An order to attend a lecture or an order to attend a community service order under Article 62-2 of the Criminal Act has several criminal records to the defendant for sentencing, the degree of the principal offender is very high, and the distance of the driving is relatively low, etc. are disadvantageous.
However, it is favorable for the defendant to recognize the facts charged and seriously reflect it.
In addition, the defendant's age, character and conduct, environment, means and results of crimes, and the circumstances after crimes, etc. shall be determined as ordered by taking into account the various sentencing conditions shown in the trial process of this case.
[Sentencing Criteria] - No sentencing criteria are set