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A defendant shall be punished by imprisonment for not less than one year and six months.
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
The Defendant issued a summary order of KRW 1 million at the Seoul Northern District Court on February 25, 2008 due to a fine of KRW 1 million for a violation of the Road Traffic Act, and on November 20, 2014, a fine of KRW 5 million for a violation of the Road Traffic Act at the Jung-gu District Court on November 20, 201, and a person who violated the provision on the prohibition of drinking at least twice.
Nevertheless, around 04:50 on October 9, 2018, the Defendant driven B rocketing car with a blood alcohol content of about 5km from around 04:240% on the road near the Chungcheongnam-dong, Busan Metropolitan City, to the front road of the Manduk-dong, Chungcheongnam-dong, North Korea.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;
1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;
1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act;
1. The Defendant was punished twice before the reason for sentencing under Article 62-2 of the Probation Criminal Act, and the Defendant was punished twice in the case of the second drunk driving.
This is the 3rd drinking driving, taking into account the fact that the blood alcohol concentration was very high.
However, since the execution of imprisonment is suspended in consideration of the fact that there is a criminal record of fine, and the risk of recidivism is considered to be high, probation is ordered.
In addition, it shall be decided as ordered in consideration of all the circumstances that are conditions for sentencing, such as the age, character and conduct, environment, motive and background of the crime, and circumstances after the crime.