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A defendant shall be punished by imprisonment for one year.
except that 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
Attached Form
The same shall apply to the facts charged.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Report on detection (violation of the Road Traffic Act), report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), notification on the results of the crackdown on drinking driving, copy of the usage register of a drinking-free measuring instrument, photographs, and notification to the department related to the report of the case
1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;
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. The Defendant, with the reason of sentencing under Article 62(1) of the Criminal Act, committed a second offense, even though he/she was sentenced to a fine twice or more due to drunk driving.
The punishment shall not be strictly punished, but it shall be determined as ordered in consideration of the fact that the defendant is against his will, taking into account the details and degree of the crime, the driving distance, the circumstances after the crime, the age and health of the defendant, family relationship, living environment, etc.