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[Defendant A] The defendant shall be punished by imprisonment for one year.
However, for two years from the date this judgment becomes final and conclusive, the above sentence shall be executed.
Reasons
Punishment of the crime
1. On June 7, 2013, Defendant A (criminal record) was issued a summary order of KRW 4 million for a fine of KRW 4 million due to a violation of the Road Traffic Act in the Gwangju District Court Support for Promotion of the Residents of Gwangju District Court.
【Criminal Facts】
At around 15:50 on April 17, 2020, the Defendant driven D car under the influence of alcohol 0.179% from the 20km section to the 19-19-1 Seoul YY YY, a YY, the Defendant’s house located in the Seoul YYYA, the Defendant’s house located in the Seoul YYA to the next road.
Accordingly, the Defendant violated the duty of prohibition of drinking driving more than twice.
2. On April 17, 2020, from around 12:00 to 14:40, Defendant B her drinking alcohol with A at the house of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of Korea
As a result, the Defendant aided and aided A's drinking driving act.
Summary of Evidence
1. Defendants’ legal statement
1. Report on the occurrence of a traffic accident, report on the circumstances of a driving driver, and report on the control of drinking driving;
1. Before ruling: Application of criminal history records, reply reports, investigation reports, and Acts and subordinate statutes;
1. Relevant legal provisions concerning criminal facts and subparagraph A of the option of punishment: Articles 148-2 (1) and 44 (1) of the Road Traffic Act, subparagraph B of the option of imprisonment: Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, Article 32 (1) of the Criminal Act, the choice of fines;
1. Assistance and mitigation (Defendant B) Articles 32 (2) and 55 (1) 6 of the Criminal Act;
1. Discretionary mitigation (Defendant A) Articles 53 and 55 (1) 3 of the Criminal Act;
1. Article 70 (1) and Article 69 (2) of the Criminal Act in the custody of a workhouse (Defendant B);
1. Article 62 (1) of the Criminal Act (Defendant A);
1. Article 334 (1) of the Criminal Procedure Act (Defendant B);