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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 a period of three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On September 18, 2001, the Defendant was sentenced to a fine of 2.5 million won due to a violation of road traffic law at the Jung-gu District Court on September 18, 2001, and was sentenced to a fine of 2 million won for the same crime at the same court on August 29, 2005, and was sentenced to a suspended sentence of 8 months and 2 years for the same crime at the same court on June 5, 2009.
On September 1, 2017, the Defendant driven a Cpoter II truck owned by the Defendant, under the influence of alcohol content of about 8 km up to a 0.228%, at the front of the 19-ri village hall, the mountain village 172, a mountain village 172, a mountain village 172, in front of the same city’s residence, prior to the same city’s residence.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. Report on the occurrence of a traffic accident;
1. A survey report on actual conditions;
1. Statement of the circumstances of driving at home;
1. Notification of the results of regulating drinking driving;
1. A written statement related to a traffic accident;
1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (formers, court rulings and summary orders attached thereto), and statutes;
1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. Reasons for sentencing under Article 62-2 of the Criminal Act, Defendant’s blood alcohol concentration was very high at the time of driving of the instant drinking alcohol for the observation of protection and order to provide community service and order to attend lectures.
However, it was a situation where it was extremely dangerous even though it was involved in a heavy water accident.
In addition, the defendant has already been subject to criminal punishment several times due to driving of drinking, etc.
This is the discovery of the fourth drinking driving.
It is difficult to be somewhat punished by a fine.
However, the defendant has lived without being subject to serious criminal punishment except for traffic-related crimes.
In addition, one's act is remarkably divided.
In addition, the punishment as ordered shall be determined in consideration of the age, sex, environment, attitude after the crime, etc. of the defendant.