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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 June 27, 2009, the Defendant issued a summary order of a fine of KRW 2.5 million at the Changwon District Court for a violation of the Road Traffic Act, and on January 5, 2016, the Defendant was sentenced to imprisonment with prison labor for 6 months and 2 years of suspended execution at the Changwon District Court on January 5, 2016.
At around 16:50 on September 5, 2019, the Defendant driven a e-car with low alcohol alcohol level of about 0.175% while under the influence of alcohol from approximately 100 meters to the same apartment D-dong parking lot from Kimhae-si Kimhae-si Kim (hereinafter referred to as the “E-dong parking lot”).
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;
1. Previous records of judgment: Criminal records, inquiry reports, and application of two-yearly Acts and subordinate statutes of a summary order;
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions stated in the records, such as the following circumstances and the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, shall be determined as ordered.
A disadvantageous condition: The defendant has a record of being punished several times for a crime of the same kind, the degree of blood alcohol level is high, and the defendant causes a traffic accident of heavy damage while driving under the influence of alcohol: The defendant is led to confession and reflect.