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A defendant shall be punished by imprisonment with prison labor for up to six months.
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 October 5, 2015, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (driving) at the Changwon District Court’s Tongwon District Court’s branch on October 5, 2015, and on April 22, 2016, the Defendant was issued a summary order of KRW 4 million for the same crime.
【Criminal Facts】
On January 13, 2019, at around 23:55, the Defendant driven an E-motor vehicle under the influence of alcohol concentration of 0.057% from the front road of the “C” located in Jinju City B to the front road of the D apartment in the same city.
As a result, the defendant was punished for the violation of the Road Traffic Act at least twice, but he was under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the drinking driving control, the inquiry into the results of the drinking driving control, and the circumstantial statement of the drinking driver;
1. Previous records before ruling: Application of criminal records, inquiry reports, and criminal investigation reports (attached to a summary order of the same kind of power);
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act;
1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the court shall determine the sentence as ordered by taking into account the following circumstances: the defendant’s age, occupation, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime was committed, and various conditions of sentencing as shown in the arguments in the instant case.
An unfavorable circumstance: A normal circumstance that has the record of punishment for the same kind: The defendant confessions, and the blood alcohol concentration is relatively high.