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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 September 16, 2009, the defendant has been punished twice or more for the same kind of crime, such as receiving a summary order of a fine of KRW 1.5 million due to a violation of the Road Traffic Act (driving) in the Cheongju District Court Support on September 16, 2009.
On October 15, 2019, around 17:10 on October 17, 2019, the Defendant driven the ECA 1105 motorcycle under the influence of alcohol alcohol concentration of approximately 0.146% from the section of about 3km from the road front of the Chungcheongnamyang-gun, Chungcheongnamyang-gun, to the road front of the Chungcheongbuk-gun D.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Statement on the circumstantial statement of the employee;
1. Inquiry into the result of the crackdown on drinking driving;
1. Criminal records: Criminal records, inquiry reports, investigation records (verification on two occasions before the same type of crime), and application of Acts and subordinate statutes governing summary orders;
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, shall be determined as ordered by considering the reasons for sentencing under Article 62-2 of the Criminal Act.
Unfavorable circumstances: A defendant has been punished by a fine twice for a violation of the Road Traffic Act around 2003 and around 2009.
Blood alcohol concentration is high.
The favorable circumstances: The mistake is recognized and reflected.