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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
[Criminal Power] On September 24, 2010, the Defendant was issued a summary order of KRW 4 million for a violation of the Road Traffic Act (driving) in the Youngcheon District Court’s Monthly Support on September 24, 201, and on December 13, 201, the Defendant was sentenced to a suspended sentence of two years for imprisonment with labor for the same crime in the same court.
【Criminal Facts】
On April 6, 2019, at around 17:50, the Defendant driven a F L-to-e-sports car in the state of alcohol alcohol concentration of 0.2 km from the front of the C cafeteria located in Gangwon-gun, Gangwon-gun, to the D apartment E-dong parking lot.
Accordingly, even though the defendant had been punished not less than twice as a crime of violation of the Road Traffic Act, he re-driving.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the results of the drinking control, report on the state of driving under driving under the influence of alcohol, and photograph of the drinking control site;
1. Previous records of judgment: Criminal records, inquiry reports, investigation reports, and application of Acts and subordinate statutes attached thereto;
1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act, such as probation, order to attend lectures or order to provide community service;
1. The scope of applicable sentences: Imprisonment with prison labor for one year to three years;
2. Scope of recommending types: Setting of unspecified sentencing criteria.
3. The Defendant, who was sentenced, driven a car under the influence of alcohol with a blood alcohol content of 0.179%.
In addition, the defendant was punished twice by drinking driving in 2010 and 2011 and has been punished several times for traffic-related crimes.
However, considering the fact that the defendant was recognized to commit the same kind of crime and the previous criminal records of the same kind of crime are crimes for eight years, the sentence is not imposed only once, and the records of this case, such as the defendant's age, character and conduct, family relation, motive and means of the crime, and circumstances after the crime, etc., are recorded.