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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On December 11, 2006, the Defendant was issued a summary order of KRW 700,00 as a crime of violating the Road Traffic Act at the Gwangju District Court, and on October 25, 2007, the Defendant was sentenced to a suspended sentence of six months by imprisonment for a crime of violating the Road Traffic Act at the Gwangju District Court on October 25, 2007, and on June 24, 2008, the Defendant was sentenced to a suspended sentence of four months by imprisonment for a crime of violating the Road Traffic Act at the Gwangju District Court on June 24, 2008.
On August 26, 2018, under the influence of alcohol level of 0.126% among blood alcohol leveling around 16:05, the Defendant driven a 10km C rocketing car from the Do in front of the white-ro high-speed vehicular road located in the Southern-gu, Gwangju, to the front of the 13-23-ro Do in Gwangju-gu, Gwangju, as the Do in front of the 211-gil.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements of D;
1. An accident scene photograph;
1. Statement of the circumstances of the driver involved in driving;
1. Previous convictions in judgment: References to inquiries, summary orders, and application of each judgment;
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The defendant is at risk of repeating the crime of this case, such as committing the crime of this case, even though he/she was able to have the same criminal records, such as the previous criminal records on the grounds of sentencing under Article 62-2(1) and (2) of the Criminal Act, and Article 59 of the Act on the Observation, etc. of Protection and Order to Attend, etc.
On the other hand, considering the fact that the defendant's mistake was recognized, that there was no criminal punishment for more than 10 years prior to the crime of this case since he was sentenced to imprisonment on June 24, 2008, and that there was no criminal punishment for more than 10 years, and all the circumstances, such as alcohol concentration value, driving distance, etc.