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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
[criminal power] On May 22, 2009, the Defendant was sentenced to a summary order of 2.5 million won for the crime of violation of the Road Traffic Act at the Gwangju District Court. ② On November 13, 2013, the Defendant was sentenced to a suspended sentence of 2 months for the crime of violation of the Road Traffic Act at the Gwangju District Court's Maritime Branch, and ③ on April 13, 2017, the Defendant was sentenced to a suspended sentence of 10 months for the crime of obstruction of performance of official duties, etc. at the Gwangju District Court's Maritime Branch, and was sentenced to a suspended sentence of 2.5 million won for the crime of violation of the Road Traffic Act. On January 25, 2018, the judgment was finalized on November 27, 2018.
【Criminal Facts】
On June 2, 2020, at around 18:57, the Defendant driven a k7-car with a volume of approximately 400 meters E from 18:0 to 1:00,000, while under the influence of alcohol with a blood alcohol content of 0.29% 0.29%.
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 circumstantial statement, investigation report, and notification of the results of the control of drinking driving;
1. A report on investigation and photographs of the suspect at the time of measurement;
1. Previous convictions: Criminal history records, investigation reports (in violation of Article 44 (1) of the Road Traffic Act), summary orders and judgments, investigation reports (verification during the period of repeated crimes), judgments and results of case search, application of Acts and subordinate statutes to the current status of confinement by individuals;
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. The reason for the sentencing of Article 35 of the Criminal Act, among repeated offenders, is not very high in the nature of the crime due to the act of spreading the risk of causing human life at any time, and the voice of our society demanding strong punishment.
The defendant has been punished for drinking for three times in the past.