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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
On June 18, 2015, the Defendant received a summary order of KRW 1,50,00,000 as a fine for a violation of the Road Traffic Act in the Daejeon District Court Seosan Branch.
On April 8, 2020, at around 21:40, the Defendant driven a FK9 car in the state of alcohol alcohol concentration of about 0.126% at the section of about 3km from the front road of the “C” in the Chungcheongnam-gun, Chungcheongnam-gun, to the front road of the E.I.D.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the report on circumstantial statements of a drinking driver and the control results of drinking driving;
1. Application of Acts and subordinate statutes to an inquiry report on criminal records, etc. (attached to a summary order of the same attached power);
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. The reason for sentencing of Article 62-2 of the Criminal Act Article 62-2 of the Act on the Suspension of Execution is that the Defendant was under the influence of drinking, even though he was subject to a fine due to drinking driving.
At the time, the blood alcohol level of the defendant was considerably 0.126%, and the defendant was the accident that shocks the cargo of another person parked.
In addition to the above fines, there is no other penalty power, and the fact that the victim of the above accident has agreed with the victim is considered as favorable to the defendant.
In addition, the defendant's age, character and conduct, environment, details of crimes, circumstances after crimes, etc. shall be determined as per Disposition in consideration of the overall circumstances shown in the arguments in this case.