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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 March 10, 2017, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act from the Seoul Western District Court.
On November 21, 2019, at around 07:23, the Defendant driven a B-low vehicle with a blood alcohol content of about 16 km from around 16 km to the front road of the Taeyang-si, Namyang-si, Namyang-si, Namyang-si.
As a result, the Defendant driven a motor vehicle under the influence of alcohol in violation of the prohibition of drunk driving twice.
Summary of Evidence
1. Defendant's legal statement;
1. Domestic history reports, reports on the results of the control of drinking driving, reports on the state of drinking drivers, reports on the state of drinking driving, and photographs;
1. Application of criminal records, reply reports, and summary order statutes;
1. Article 148-2 (1) of the Road Traffic Act and Article 148-2 (1) of the Road Traffic Act regarding criminal facts and the indictment contain "Article 148-2 (3) 2 of the Road Traffic Act, on the other hand, the defendant's vehicle under the influence of alcohol with a blood alcohol content of 0.064% at the time and place of the criminal facts, and has violated the prohibition on drinking under the influence of alcohol more than twice. As such, Article 148-2 (3) 2 of the Road Traffic Act clearly state that it is a clerical error and correct it ex officio without modification of indictment.
Article 44(1)(Appointment of Imprisonment)
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 for providing community service and attending lectures;
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. As the Defendant was punished for a violation of the Road Traffic Act (driving) around 2017, the Defendant was sentenced to the punishment, the interval with the previous penal records, the blood alcohol concentration in the instant case is 0.065%, and the Defendant’s crackdown.