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A defendant shall be punished by imprisonment with prison labor for up to six months.
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
[criminal power] On May 12, 2014, the Defendant was issued a summary order of KRW 1.5 million by the Changwon District Court for a crime of violation of the Road Traffic Act, and KRW 2 million by the same court on November 27, 2017, respectively.
【Criminal Facts】
On January 18, 2019, the Defendant was under the influence of alcohol of 0.094% of blood alcohol concentration at around 01:10, and the Defendant driven D Poter Cargo at the section of about 1 km from the mutual non-paid parking lot located in the Chang Mupo-si male Dong in Changwon-si to the roads of Hanwonwon in the same Gu.
As a result, the defendant was driving a motor vehicle under the influence of alcohol not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);
1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing of Article 62-2 of the Criminal Act is that the defendant was already sentenced to a fine of one million won due to drinking driving in the year 2001.
In light of the fact that even though the drinking driving has been discovered once, it is difficult to impose a fine on the defendant any more because he/she drives the drinking once again.
As above, in addition to the circumstances unfavorable to the defendant, the punishment as ordered shall be determined by considering the following factors: (a) the confession and reflects of the defendant in addition to the circumstances unfavorable to the defendant; (b) the defendant did not cause harm to others due to the defendant's crime; (c) there is no record of the crime exceeding the fine; and (d) the defendant's age