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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 January 26, 2012, the Defendant was issued a summary order of a fine of three million won at the Jeonju District Court for a violation of the Road Traffic Act, and such summary order became final and conclusive on February 21, 2012. On November 21, 2012, the former District Court sentenced one year of suspension of execution to six months of imprisonment by reason of a violation of the Road Traffic Act, etc. on November 29, 2012, and the said judgment became final and conclusive on November 29, 2012. On February 1, 2013, the former District Court sentenced two years of suspension of execution to one year of imprisonment at the former District Court for a violation of the Road Traffic Act (driving) and became final and conclusive on February 9, 2013.
On May 6, 2015, the Defendant, while under the influence of alcohol of 02:50% on blood alcohol level, driven Done Star Co., Ltd., from the front and rear-dong, the front and rear-dong located in the former and the front and rear-dong, the Defendant driven Done Star Co., Ltd. to the front and the fourth distance from the front and rear-dong, Seoul Special Metropolitan City.
Summary of Evidence
1. Defendant's legal statement;
1. Voluntary report;
1. Notification of the control results of drinking driving, and report on the situation of drinking drivers;
1. A report on internal investigation (not later than 21 pages of investigation records), a report on internal investigation (Correction of final drinking time);
1. Previous records of judgment: Criminal records, etc. inquiry reports, investigation reports, binding of judgments, and application of Acts and subordinate statutes governing summary orders;
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 (Special Considerations in favor of the accused among the reasons for sentencing following the suspended sentence);
1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant was punished for the same kind of crime since 2000, and the Defendant had reached five times the past records and was sentenced to suspended execution two times.
Nevertheless, the defendant also committed the crime of this case.
Therefore, it is necessary to strictly punish the defendant.
However, the Defendant is the father and the physically disabled of the age of 75, who was divorced from the former wife on July 22, 2013 and was suffering from 94 years of age from her return to farming and suffering from her disease such as early dementia.