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Defendant shall be punished by imprisonment for a term of one year and four months.
Reasons
Punishment of the crime
On July 28, 2008, the Defendant was issued a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act at the Changwon District Court's Jinju branch on July 28, 2008. On September 25, 2009, the same court issued a summary order of KRW 1,50,000 as a fine for the same crime. On March 11, 2010, the Defendant was sentenced to imprisonment for 4 months and suspension of execution for the same crime.
【Criminal Facts】
At around 22:30 on June 20, 2020, the Defendant driven ENAS car in the state of alcohol with approximately 5km alcohol concentration of about 0.181% in the 5km section from Jinju City to D in the front roads in Jinju City.
As a result, the Defendant driven a motor vehicle under the influence of alcohol in violation of the Road Traffic Act not less than twice.
around 12:30 on August 26, 2020, the Defendant driven an IK9 car in the section of approximately 7.8 km from the F apartment to the roads near the F apartment located in G in the same city to the roads near the F apartment again, via the roads near the G in the same city.
Summary of Evidence
"200 Highest 1177"
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;
1. Previous records of judgment: A copy of the inquiry report on criminal records, the copy of the summary order of the judgment, and the "20 Highest 1680";
1. Defendant's legal statement;
1. On-site reports (limited to the distance from vehicle driving) and the application of Acts and subordinate statutes on the ledger of driver's licenses;
1. Relevant legal provisions concerning facts constituting an offense, and Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose the penalty, and Articles 152 (1) and 43 of the Road Traffic Act;
1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes within the scope of the sum of the long-term punishments of the crimes of violating the Road Traffic Act with heavier penalty) ;
1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation.