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The sentence against the accused shall be determined by one year and four months of imprisonment.
Provided, That the above punishment shall be imposed for two years after the judgment becomes final and conclusive.
Reasons
Punishment of the crime
On January 18, 2012, the Defendant was sentenced to a fine of KRW 5 million by the Jeonju District Court due to a violation of the Road Traffic Act.
On October 3, 2019, at around 00:35, the Defendant: (a) driven a vehicle under the influence of alcohol with a blood alcohol content of about 0.095% from the 2km section of approximately 2km to the water resource construction site located in the 1633-dong, Gyeonggi-si, Gyeonggi-do to the front road of the shooting distance of the Water Resources Corporation located in the Sinsan-si, Gyeonggi-do.
As a result, the defendant has committed a violation of the Road Traffic Act (driving) not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the drinking driving control, and inquiry into the results of the drinking driving control;
1. Previous records of judgment: Application of criminal records, repeated statements, investigation reports, and Acts and subordinate statutes;
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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act;
1. From one year to two years and six months, imprisonment with prison labor within the applicable sentencing range by law;
2. Determination of sentence, taking into account the following circumstances and other conditions of sentencing as shown in the records, such as the defendant’s age, occupation, character and conduct, family relationship, and circumstances before and after the commission of the crime, the sentence as ordered.
Unfavorable circumstances - The defendant's blood alcohol concentration is high at the time of committing the instant crime.
- The defendant has previously been subject to criminal punishment for the same kind of crime.
The favorable circumstances - The defendant has no record of criminal punishment other than the previous conviction.