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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal power] On December 8, 2014, the Defendant was issued a summary order of KRW 6 million at the Changwon District Court for the crime of violation of the Road Traffic Act (driving).
【Criminal Facts】
On September 18, 2019, at around 06:25, the Defendant driven Csch Rexton vehicles under the influence of alcohol by about 10km from around 0.133% of alcohol concentration in the front of the window B located in Changwon-si, Changwon-si to the Masan Until the Masan-si, Masan-dong 238, Musan-dong, Musan-dong 238, the Defendant driven the Csch Rexton vehicle under the influence of alcohol concentration of about 10km.
Accordingly, the defendant, even though he violated the drinking regulations at least once, was driving a motor vehicle again under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the driver, the report on the situation of the driver, and the report on the status of the driver;
1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;
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 under Article 62-2 of the Criminal Act was that the Defendant had been punished twice due to drunk driving, but led to the instant crime.
The blood alcohol concentration is also high.
However, the defendant recognizes and reflects the facts of crime.
On the following day, alcohol was detected.
In addition, the sentencing conditions, such as the age, character and conduct, environment, circumstances, circumstances after the crime, etc., shall be determined as per the order.