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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 9, 2009, the Defendant was issued a summary order of KRW 1.5 million by the Changwon District Court for the crime of violation of the Road Traffic Act.
【Criminal Facts】
Although the Defendant had been punished for a violation of the Road Traffic Act as above, at around 18:00 on March 10, 2020, the Defendant driven a e-car under the influence of alcohol with a blood alcohol concentration of about 0.196% from the C parking lot located in the Changwon-si, Busan Metropolitan City to the front of the D building at approximately 50 meters away from the C parking lot located in the Changwon-si, Busan Metropolitan City.
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. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;
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. It is decided as ordered for the reason of Article 62-2 or more of the Criminal Act of the Order to attend lectures and the community service order;
The reason for sentencing was that the defendant had been punished for drunk driving, but caused the crime of this case.
The blood alcohol concentration level was also high, and the accident was also caused.
However, the defendant recognizes and reflects the facts of crime.
The driving distance is relatively short, and there is no criminal power exceeding a fine.
In addition, the sentencing conditions, such as the age, character and conduct, environment, circumstances, circumstances after the crime, etc., shall be determined as per the order.