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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] On September 1, 2006, the Defendant issued a summary order of KRW 2.5 million for a crime of violation of the Road Traffic Act at the Changwon District Court on September 1, 2006, and a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Changwon District Court’s Tongwon District Court’s branch on January 12, 201.
【Criminal Facts】
On January 18, 2020, at around 15:02, the Defendant driven D Ap-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-
Accordingly, the defendant violated the prohibition of drinking driving (Article 44 (1) of the Road Traffic Act) not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the result of the drinking driving control;
1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice 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;
1. The scope of punishment by law: Imprisonment with prison labor for one year to two years; and
2. Setting the sentencing criteria not;
3. Determination of sentence: Imprisonment with prison labor for one year, suspended sentence for two years (40 hours during the quasi-driving Course), the degree and distance of blood alcohol level recognized as relatively low, the background and distance of driving, the defendant's previous records (in addition to the first head's previous records at the time of printing, but all of them have been punished for not less than 15 years), and other various circumstances revealed in the trial process of this case, including the defendant's age, character and behavior, environment, family relationship, etc., shall be determined as ordered by the order;