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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 April 20, 2014, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving) from the District Court of Jung-gu.
On June 7, 2020, at around 01:45, the Defendant driven C Poter cargo at a section of about 100 meters from 100 meters from the meltyang-dong Yyang-dong to the front road of the Gu Government, in a state of under the influence of alcohol by 0.131% of blood alcohol content.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the status of the driver, and investigation report (report on the circumstances of the driver);
1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A);
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. Reasons for sentencing under Article 62-2 of the Criminal Act;
1. The scope of punishment by law: Imprisonment with prison labor for a period from one year to two years and six months;
2. No sentencing criteria shall be set;
3. Even though the Defendant was sentenced to punishment for a violation of the Road Traffic Act (driving) around 2001 and around 2014, the Defendant committed the instant crime at the same time, and the blood alcohol concentration reaches 0.131%.
There are many records that the defendant was punished as a crime of double-class.
In addition, the punishment as ordered shall be determined by comprehensively taking into account the age, character and conduct, family relations, motive and means of a crime, circumstances after a crime, etc. and various sentencing conditions shown in the records and pleadings of the case.