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A defendant shall be punished by imprisonment for one year.
except that 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 October 11, 2010, the defendant was issued a summary order of KRW 1.5 million by the Seoul Western District Court for the violation of the Road Traffic Act (driving).
【Criminal Facts】 around 08:10 on June 20, 2020, the Defendant driven a ben E220D car under the influence of alcohol with approximately 0.131% of alcohol alcohol level 0.131% in the 10km section from the Do near the Gangseo-gu Office of Gangseo-gu, Seoul, to the 26-lane for Kimpo-si interest in Kimpo-si.
2. Around 08:10 on June 20, 2020, the Defendant violated the Guarantee of Automobile Accident Compensation Act, as a holder of Benz E220D automobiles, operated the said automobiles not covered by mandatory insurance in the section of about 10 km from the Do near the Gangseo-gu Office located in Gangseo-gu Seoul, Gangseo-gu, Seoul, to the 26 knife-si, Kimpo-si, Kimpo-si.
Summary of Evidence
1. Defendant’s legal statement
1. A report on the occurrence of a case, and a list of reported cases;
1. Notification of the results of the drinking-driving control, the report on the circumstantial statement of a drinking-driving driver, the investigation report (report on the situation of a drinking-driving driver), the ledger of use of a drinking measuring instrument, and the numerical photo
1. The next dues and the mandatory insurance bureau (Evidence No. 11, 12);
1. Criminal records: Application of inquiry reports and summary order-related Acts and subordinate statutes;
1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose a penalty, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Act on the Guarantee of Automobile Accident Compensation, and the choice of imprisonment with prison labor;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Circumstances unfavorable to the sentencing of Article 62(1) of the Criminal Act: The instant crime was committed even though the Defendant had been punished by a fine due to drunk driving, as stated in the records of the criminal records in the judgment.
The defendant's blood alcohol concentration level is high.
A favorable condition: The defendant shall commit the instant crime.