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A defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
Punishment of the crime
【Criminal Power】 On July 24, 2013, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at Suwon District Court on June, 2013, and the same court on January 16, 2018 was sentenced to two years of a suspended sentence for a violation of the Road Traffic Act and was sentenced to two years of a suspended sentence for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and is currently under the suspended sentence.
【Criminal Facts】
1. On August 15, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) was driving a BK5 vehicle under the influence of alcohol level of 0.190% on August 15, 201, while driving a vehicle of 0.190% and driving the road of 3-lane 3 lanes in front of Rule C at the upstream-gu in Ansan-si, Ansan-si, Ansan-si along the water source from Incheon to the water source, while the victim D (n, 58 years old) who was on the left left at the front section of the EM vehicle driven by the victim D (n, e.g., the right side part of the E5 vehicle.
Ultimately, the Defendant driven the said K5 vehicle in a state where it is difficult to drive the vehicle normally due to the influence of drinking, and suffered injury, such as salt, tension, etc., by driving the said K5 vehicle for about two weeks.
2. The Defendant violated the Road Traffic Act (driving) driving the B K5 vehicle under the influence of alcohol by 0.190% in blood alcohol concentration from the distance of about 10km from the front of the “G” road located in the F of the Ydong-gu, Ansan-si, Ansan-si, Ansan-si to the front road.
As a result, the Defendant driven a motor vehicle under the influence of alcohol in violation of the regulations on prohibition of drinking.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. The actual condition survey report;
1. A report on the actual state of the driver;
1. Written appraisal of blood alcohol concentration (National Science Investigation Institute);
1. A medical certificate;
1. Previous convictions in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (verification of the previous convictions and the period of suspension of execution);
1. Relevant Articles of the Criminal Act and specific crimes as to the choice of punishment.