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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
[Criminal history] On January 20, 2017, the Defendant was sentenced to imprisonment for eight months and two years of suspended execution in the Daejeon District Court’s Support for the Crime of Violation of Road Traffic Act.
[2] Although Defendant 1 violated Article 44(1) or (2) of the Road Traffic Act, Defendant 2 again, in violation of this provision, Defendant 2 driven a D-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W
Summary of Evidence
1. Statement by the defendant in court;
1. The criminal place, notification of crackdown on and detection of alcohol driving, report on the situation of the driver who takes the main driving, investigation report (report on the situation of the driver who takes the main driving), inquiry of the results of crackdown on the driving of alcohol, and the register of the user of the
1. References to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation reports (Attachment to the same type of judgment);
1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Criminal Act requires strict punishment for crimes that pose a high risk of harm to the life and body of others.
In the past, there is a high possibility of criticism in that the Defendant, who caused an accident due to drinking driving, was subject to a suspended sentence of imprisonment, but also committed the instant crime.
However, the defendant recognizes his mistake and is against his will.
There was no accident.
No person shall be subject to criminal punishment, except for the previous convictions and one time.
In addition, the defendant's age, sex, environment, motive, means and consequence of the crime, and various circumstances revealed in the trial process, such as the situation after the crime, shall be determined as the sentence.