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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
On March 17, 2008, the Defendant was issued a summary order of KRW 1 million by the Changwon District Court due to a violation of the Road Traffic Act.
On September 18, 2020, at around 03:35, the Defendant driven the Bwning-III truck with a blood alcohol concentration of 0.121% from the 2km section around the National Marsan Hospital to the 2km of Changwon-si, Changwon-si, a prisoner of war from the Do in the vicinity of the Changwon-si Sea Campaign, and driving the B-III truck with a blood alcohol concentration of 0.121%.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);
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 Code of the community service order was that the Defendant had been punished for drunk driving, but caused the instant crime.
The blood alcohol concentration level is high, and it also causes traffic accidents.
However, the defendant stated that he is aware of and against the facts of crime.
The criminal records of the judgment are relatively old, and there is no other history of punishment.
Human life damage has not occurred.
In addition, the sentencing conditions, such as the age, character and conduct, environment, circumstances, circumstances after the crime, etc., shall be determined as per the order.