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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 July 14, 2008, the Defendant was issued a summary order of KRW 1.5 million by the Changwon District Court for the crime of violation of the Road Traffic Act.
2. On July 15, 2008, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) in the Changwon District Court’s branch court.
【Criminal Facts】
Despite the fact that the Defendant had been punished twice or more for a violation of the Road Traffic Act (driving) as seen above, the Defendant driven a Folator car with a blood alcohol concentration of about 0.113% in the section of about 1km from around October 19, 2019 to E in the front of the city Mucompo-gu B, Changwon-si around 23:05 to October 19, 2019.
Summary of Evidence
3. 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;
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 three times due to drunk driving, but led to the instant crime.
The blood alcohol concentration level is not low.
However, the defendant recognizes and reflects the facts of crime.
There is no criminal record exceeding a fine.
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.