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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[criminal power] On May 13, 2008, the Defendant issued a summary order of KRW 2.5 million for a crime of violation of the Road Traffic Act at the Daegu District Court, and on August 3, 2011, the Defendant received a summary order of KRW 3 million for the same crime.
On October 22, 2015, the Defendant was sentenced to six months of imprisonment with prison labor for the crime of obstruction of performance of official duties, and two years of suspended execution, and the above judgment became final and conclusive on October 30, 2015. However, on August 28, 2017, the sentence of suspended execution was revoked, and the execution of the sentence was completed in the Gangnam Prison on March 2, 2018.
On November 21, 2019, the defendant was sentenced to one year to imprisonment with prison labor for the crime of attempted fire prevention of the main building in the Gangnam Branch of the Chuncheon District Court, and is currently pending in the appellate trial in the Chuncheon District Court.
【Criminal Facts】
On August 17, 2019, at around 17:06, the Defendant driven CK5 vehicle under the influence of alcohol by 0.268% at the section of approximately 25km alcohol content from the 17:06 Gangnam-si parking lot to the 58.3km km away from the west-si west-si Myeon to the west-si Myeon.
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. A written appraisal of blood alcohol;
1. 112 reported case handling table;
1. Previous records of judgment: Criminal history records, investigation reports (verification of the record of drunk driving for a suspect A), investigation reports (report attached to a summary order of the same kind of power of a suspect), investigation reports (report on confirmation of the fact that a suspect is pending in a trial), and application of Acts and subordinate statutes to the status of confinement of each individual;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting the crime;
1. Article 35 of the Criminal Act among repeated crimes;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;