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A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On November 26, 2009, the Defendant was issued a summary order of KRW 3 million due to a violation of the Road Traffic Act (driving) in the Young-gu District Court’s Young-gu District Court’s Young-gu Branch branch on November 26, 2009. On April 7, 2014, the Defendant was issued a summary order of KRW 3 million due to the same crime. On December 2, 2016, the Defendant was issued a summary order of KRW 5 million due to the same crime, etc. in the same court.
On December 6, 2019, at around 01:48, the Defendant, who was punished for driving under the influence of alcohol, driven an Efranchising car with approximately approximately 200 meters alcohol concentration at the section of approximately 0.121% from the D intersection located in the same Gu C from Seo-gu, Seo-gu, Seoan City to the Dsection located in the same Gu C.
Summary of Evidence
1. Defendant's legal statement;
1. Data concerning the notification of the results of the crackdown on drinking driving, the report on the circumstantial statement of a drinking driver, the notification of completion of correction, the copy of the usage register of a drinking measuring instrument, and the photographic data after cutting down the f
1. Application of a reply to inquiry, such as criminal records, investigation report (Attachment to the same summary order), undisposition, and reporting on results of confirmation, to Acts and subordinate statutes;
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. Article 62 (1) of the Criminal Act;
1. The reason for sentencing of Article 62-2 of the Criminal Act requires strict punishment for crimes that are highly dangerous to harm the life and body of others.
In the past, the Defendant has been fined three times due to drinking driving and has been punished several times due to driving without a license, but there is also a high possibility of criticism in that the instant crime has been committed.
The blood alcohol concentration measured is considerably high by 0.121%.
The risk of the act is also high, such as the cost of locking at the Han Road.
However, the defendant recognizes his mistake and is against his will.
No criminal punishment exceeding a fine shall be imposed.
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