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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 January 20, 2009, the Defendant was issued a summary order of KRW 1.5 million with a fine of KRW 1.5 million as a crime of violation of the Road Traffic Act in the Youngcheon District Court’s Monthly Support on January 20, 200, and a fine of KRW 2.5 million with the same crime in the same court on June 9, 201.
【Criminal Facts】
On February 18, 2019, at around 00:07, the Defendant driven a F U-Adi vehicle while under the influence of alcohol content of about 4.4 km from the front road in the Chungcheongbuk-si B to the front road in the same city D, to the front road in the same city D.
As a result, the defendant had been punished more than twice as a crime of violation of the Road Traffic Act, but he again driven under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the results of the drinking driving control, and inquiry into the results of the drinking driving control;
1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to criminal records, investigation reports;
1. Relevant Article of the Act on Criminal Facts, the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Articles 148-2(1)1 and 44(1) of the same Act; the choice of imprisonment, etc.
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act for orders to attend lectures and orders to provide community service;
1. The scope of applicable sentences: Imprisonment with prison labor for one year to three years;
2. Scope of recommending types: Setting of unspecified sentencing criteria.
3. The Defendant, while under the influence of alcohol level of 0.120%, driven a car about 4.4 km.
The defendant has been sentenced to a suspended sentence of one year for a violation of the Road Traffic Act in 2002, a fine of 1.5 million won for a violation of the Road Traffic Act in 2009, a fine of 2.5 million won for a violation of the Road Traffic Act in 2011, a fine of 2.5 million won for a violation of the Road Traffic Act in 2013, a fine of 2 million won for a violation of the Road Traffic Act in 2013, a violation of the Road Traffic Act in 2014, a violation of the Road Traffic Act in 2014, or a violation of the Punishment of Violences, etc. Act (injury to deadly Weapons, etc.).
The blood alcohol concentration level above, .