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A defendant shall be punished by imprisonment for not more than ten months.
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 May 22, 2012, the Defendant issued a summary order of KRW 4 million by the Ulsan District Court for a violation of the Road Traffic Act, and on October 16, 2014, the Defendant issued a summary order of KRW 5 million by the same court.
On June 7, 2019, the Defendant, as a person who violated the prohibition of drinking twice or more as above, driven a motor vehicle E rocketing while under the influence of alcohol of about 0.142% from the 1km section from the front of “C Burial” in Gosung-gun B to the front of Gosung-gun D.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the occurrence of a traffic accident;
1. Report on the circumstantial statements of a drinking driver and notification of the results of the control of drinking driving;
1. Previous records: Criminal history records, etc. and criminal investigation reports (verification of violations of the regulations prohibiting drinking driving at least twice);
1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. In addition to taking into account the reasoning of sentencing under Article 62-2 of the Criminal Act, the degree of blood alcohol level and the accused’s previous conviction as major sentencing factors, the Defendant’s mistake is recognized, and the Defendant’s punishment is determined as ordered and the execution of the order of community service and the order of education is suspended on the premise of the faithful performance of the order of education, by comprehensively taking into account all of the sentencing conditions indicated in the pleadings, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc.