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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 September 4, 2017, the Defendant was issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act by the Jung-gu District Court.
On September 22, 2019, the Defendant driven a D-crare car under the influence of alcohol with approximately 00 meters alcohol concentration of about 0.033% from the 300-meter section from the 21:25 U.S. government road to the C front of the same city.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the status of running a motor vehicle under consideration, report on the status of operating a motor vehicle under consideration, report on the status of his/her driver under consideration, and investigation report;
1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A), investigation reports (verification of the same type of power, and attachment of relevant summary orders);
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. Reasons for sentencing under Article 62-2 of the Criminal Act;
1. The scope of punishment by law: Imprisonment with prison labor for a period from one year to two years and six months;
2. No sentencing criteria shall be set;
3. As the Defendant was punished for a violation of the Road Traffic Act (driving) around 2017, the sentence sentence is determined in light of the distance with the previous penal records, the degree of alcohol content of the blood of this case is 0.033%, taking into account other factors such as the Defendant’s age, character and conduct, family relationship, motive and means of the crime, circumstances after the crime, etc., and various sentencing conditions as shown in the instant records and arguments.