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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 history] On June 23, 2008, the Defendant was issued a summary order of KRW 700,000,000 by the Changwon District Court for a crime of violation of road traffic law (driving alcohol). On March 26, 2014, the Defendant was issued a summary order of KRW 2,50,000,000 as a fine for the same crime.
[2] On September 19, 2020, the Defendant driven a car with B at 0.107% alcohol level among blood alcohol level from a section of about 10km to a point of approximately 8.2km in the 2nd parallel of the Highway in the area of the 2nd parallel of the Highway on the roads of the 2nd parallel of the 2nd parallel of the 2nd parallel of the 2nd parallel of the 2nd parallel of the 2nd parallel of the 2nd parallel of the 2nd parallel of the 2nd parallel of the Busan Metropolitan City.
Accordingly, the Defendant driven a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);
1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal suspect's records, etc.);
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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service was that the Defendant had been punished three times due to drinking driving, and that the Defendant had been punished once due to driving without a license, resulting in the instant crime.
The amount of alcohol concentration in blood is also high.
However, the defendant is recognized as committing a crime and is against the law.
statement is made.
In addition, the sentencing conditions, such as the defendant's age, sex, environment, background, circumstances after the crime, etc., shall be determined as per the order.