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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
【Criminal Power】
1. On March 8, 2010, the Defendant was issued a summary order of KRW 1 million by the Changwon District Court for the crime of violating the Road Traffic Act.
2. On July 4, 201, the Defendant was issued a summary order of KRW 2 million for the same crime in the Changwon District Court Msan Branch.
【Criminal Facts】
Although the Defendant had been punished for drunk driving as above, on October 7, 2019, at around 02:32, the Defendant driven a Egred motor vehicle from the 2km section from the roads adjacent to the Changwon-si C Bank located in Changwon-si, Seoul, to the road in front of the same Gu, while under the influence of alcohol by 0.108%.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the driver, the report on the situation of the driver, and the report on the status of the driver;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);
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. The reason for sentencing under Article 62-2 of the Criminal Act was that the Defendant had been punished twice due to drunk driving, but led to the instant crime.
The blood alcohol concentration level was not low, and it also caused traffic accidents.
However, the defendant recognizes and reflects the facts of crime.
In addition, the sentencing conditions, such as the age, character and conduct, environment, circumstances, circumstances after the crime, etc., shall be determined as per the order.