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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
On November 8, 2013, the Defendant was sentenced to a fine of KRW 4 million by the Jeonju District Court for a violation of the Road Traffic Act (driving).
Nevertheless, at around 00:10 on October 27, 2019, the Defendant driven a D car while under the influence of alcohol level of 0.209% with alcohol level of 0.209% on the roads in Pyeongtaek-si B and in front of “Cju station” in Pyeongtaek-si B.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstances of the driving of the driver and the circumstantial statement of the driver;
1. A report on detection of a host driver;
1. A written appraisal of blood alcohol;
1. Previous records: Application of criminal records and other inquiries 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 sentencing of Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc. shall be determined as ordered by comprehensively taking into account all the sentencing factors shown in the pleadings of the instant case, including the following circumstances and the defendant’s age, character and conduct, environment, family relationship, motive for the crime, means and consequence of the crime, and the circumstances after the crime.
Unfavorable circumstances: The fact that the driver re-drivings a motor vehicle despite the history of punishment for driving under the influence of alcohol, and the circumstances leading to the detection and the fact that the danger of driving was very high in light of the defendant's blood alcohol concentration level at the time: The confession and reflects the crime.