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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
On August 12, 2013, the defendant was issued a summary order of one million won or more as a crime of violation of the Road Traffic Act by the District Court of Jung-gu.
On October 16, 2019, at around 02:34, the Defendant driven a DNA liquid sports vehicle with a blood alcohol concentration of 0.129% from the 145m section of approximately 145m from the roads of Yangju-si B lending to the roads of Yangju-si.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the situation of a drinking driver, inquiry into the results of the crackdown on drinking driving, and investigation report (applicable with the Ba mark);
1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A), pre-disposition records, and reporting of results of verification;
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. Reasons for sentencing under Article 62-2 of the Criminal Act;
1. The scope of punishment by law: Imprisonment with prison labor for a period from one year to two years and six months;
2. No sentencing criteria shall be set;
3. Since the Defendant was punished for a violation of the Road Traffic Act (driving) around 2007, the sentence sentence is determined in light of the distance with the previous penal records, the degree of alcohol content in the blood of this case is 0.129%. In addition, comprehensively taking into account the Defendant’s age, character and conduct, family relationship, motive and means of the crime, circumstances after the crime, and other various sentencing conditions as shown in the instant records and arguments, the sentence is determined as ordered.