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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[criminal power] On December 20, 2017, the Defendant received a summary order of a fine of KRW 5 million for the violation of the Road Traffic Act in the Gwangju District Court's net support on December 20, 2017, as well as two times in total.
【Criminal Facts】
On August 25, 2020, at around 23:05, the Defendant driven C rocketing car with a alcohol level of 0.194% under the influence of alcohol level on the road in front of the Macheon-si B building.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the result of crackdown on drinking driving;
1. The circumstantial statement of the employee;
1. Criminal records as stated in the investigation report: Application of each one of the Acts and subordinate statutes, including criminal records, etc., and one copy of the judgment;
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;
1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is recognized, where the defendant recognized the instant crime, and the defendant does not repeat again, and appeals against the prior action.
However, on the day of the instant case, the blood alcohol concentration of the Defendant was higher than 0.194%, and the Defendant caused an accident that causes the parked vehicle while driving under the influence of alcohol, and in light of the photographs of the damaged two vehicles, the Defendant appears to have been driving in the very dangerous form at the time.
The defendant's act is a highly dangerous act that may cause serious accidents of human life, and thus, the nature of the crime is bad.
In September 2017, the defendant was sentenced to a summary order of KRW 3 million due to the violation of the Road Traffic Act, and was sentenced to a summary order of KRW 5 million due to repeated crimes in December 2017, which has not yet been passed thereafter, and was sentenced to a summary order of KRW 5 million due to repeated crimes in December 2017.