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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On February 22, 2007, the Defendant was issued a summary order of KRW 500,000,000 as a fine for a violation of the Road Traffic Act (driving) at the Youngcheon District Court’s Yeongdeungpo Branch Branch on July 29, 2014. On April 25, 2018, the Defendant was sentenced to imprisonment of one year and six months for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, and completed the execution of the sentence at the Chuncheon Prison on May 30, 2019.
At around 01:20 on September 27, 2019, the Defendant driven a car Foldo from around 3 km to E in the front side of the original city, from around 0.079% of alcohol level, under the influence of alcohol level 0.079%.
As a result, although the defendant had a record of punishment for drinking driving, he again driven a motor vehicle.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Notification of the control of drinking driving;
1. Records and previous records of judgment: Application of criminal records, inquiry reports, investigation reports (the same criminal records and the facts that the period of repeated crimes is period);
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 35 of the Criminal Act among repeated crimes;
1. Circumstances unfavorable to the reasons for sentencing under Articles 53 and 55(1)3 (see, e.g., circumstances favorable to the following) of the Criminal Act: considering the fact that the statutory punishment for the crime of drunk driving has been continuously aggravated due to serious social harm caused by drunk driving and changes in the legal sentiment of the general public, there is a need to strictly punish the crime of drunk driving.
In April 21, 2015, the defendant was sentenced to a suspended sentence of 2 years in October, 2010 for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act.