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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
Since the defendant is led to confession, it is necessary to make an additional statement on the same part as the relevant supporting evidence in the same way as “(see, e.g., the page of the evidence record).”
Based on evidence, the prosecutor's facts charged are modified to the extent that it does not adversely affect the defendant's right of defense and actually affect the contents of the facts charged, and it does not result in the change of the subject of trial by the court.
Criminal power is sentenced to a summary order of KRW 2,500,000 as a crime of violation of the Road Traffic Act at the Chuncheon District Court on December 23, 2009 (see the evidence record No. 39). ② On September 14, 2015 (see the evidence No. 32), the defendant issued a summary order of KRW 5,00,000 as a fine for a violation of the Road Traffic Act at the Chuncheon District Court on September 14, 2015.
Criminal facts
On July 11, 2020, at around 23:33, the Defendant driven Emc vehicles over approximately 2 km from the front of the apartment site in Chuncheon City to the front road of the building "D Co., Ltd." located in Chuncheon City, from the front of the apartment site in Chuncheon City, while under the influence of alcohol by 0.231% (refer to the evidence record No. 19).
Summary of Evidence
1. Defendant's legal statement;
1. Response to the request for appraisal;
1. Previous records of judgment: Application of criminal records, references to criminal records, amounts of dispositions, results of confirmation, and Acts and subordinate statutes;
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. The reason for sentencing Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc., even though there are many criminal records of the same kind, the Defendant committed the instant crime again, and there is a high level of giving and receiving of the instant case measured by means of blood collection.
In light of this, it can be seen that the responsibility of the defendant is heavy.
However, the defendant committed the crime of this case.