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A defendant shall be punished by imprisonment for one year.
except that 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 March 14, 2014, the Defendant was sentenced to a fine of KRW 1.5 million for the violation of the Road Traffic Act in the Suwon District Court’s Pyeongtaek site.
On December 20, 2019, around 01:10 on December 20, 2019, the Defendant driven B vehicles under the influence of alcohol concentration of 0.124% from the 8km section to the same city-based 308 Si-si, and from the 8km section to the 308km road prior to the 3rd-distance of the new shares. The Defendant violated the provision on the prohibition of drunk driving under the Road Traffic Act more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstances of a drinking driver and notification of the result of crackdown on drinking driving;
1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Although there is a history of punishment of a fine for one time due to the reason of the sentencing of Article 62(1) of the Criminal Code of the suspended sentence, the drinking driving was conducted on the same occasion, and the drinking driving is considerably high, and the driving distance is also long, and the responsibility for the crime is not easy.
However, the punishment as ordered shall be determined by comprehensively taking into account various sentencing factors such as the defendant's confession and depth, the fact that there is no other criminal record other than the fine due to the existing drunk driving, the distance between the previous drunk driving, the drinking level of each drunk driving, the age, character and conduct, the character and conduct, the motive, means and consequence of the crime, and the circumstances after the crime.