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Defendant shall be punished by imprisonment for a term of one year and two months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On March 26, 2010, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the District Court of Jung-gu on March 26, 2010, and on July 2, 2013, the Defendant issued a summary order of KRW 2 million for the same crime at the same court.
On November 30, 2019, at around 23:09, the Defendant driven a e-learning car under the influence of alcohol concentration of approximately 0.070% from the section of approximately 200 meters from the front of the building D to the front of the building at Dongducheon-si.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, and report on the results of the crackdown on drinking;
1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (A) and criminal records records;
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. Since the Defendant was sentenced to punishment for a crime of violation of the Road Traffic Act around 2010 and around 2013, considering the distance from the previous penal records and the degree of alcohol content in the blood of this case is 0.070%, the Defendant’s age, character and conduct, family relationship, motive and means of the crime, circumstances after the crime, and other various sentencing conditions specified in the records and arguments of this case shall be comprehensively considered.