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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 February 26, 2010, the Defendant was issued a summary order of KRW 2 million by the Gwangju District Court for the crime of violation of the Road Traffic Act.
【Criminal Facts】
On September 14, 2019, at around 00:23, the Defendant driven a Cchip car under the influence of alcohol with approximately KRW 15k alcohol concentration 0.179% from the 15km section to the 18-8-8 west-ro 18-8 and the front road of the west Tchip car.
Summary of Evidence
1. Defendant's legal statement;
1. Statement on the circumstances of a drinking driver, investigation report (report on the circumstances of a drinking driver), notification of the results of the control of drinking driving, and notification, and 112 report handling table;
1. Previous records: Criminal records and other inquiries, and application of Acts and subordinate statutes to investigation reports (verification of suspect's records of punishment for drinking driving);
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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: In light of the social danger of drunk driving and the purport of the revision of the Road Traffic Act, which is raised by the statutory penalty, strict punishment for drunk driving is needed; circumstances favorable to the high drinking level: it reflects mistakes; there is no other criminal power except the punishment imposed by the Defendant for a disposable driving; and considering all the factors of sentencing as shown in the records and arguments, such as the Defendant’s age, character and behavior, environment, family relationship, and circumstances before and after the crime;