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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 June 14, 2019, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act (driving) in the Changwon District Court's branch court on June 14, 2019.
【Criminal Facts】
On November 1, 2019, the Defendant, as a person with the power of violating the duty of prohibition of driving under the influence of alcohol, driven B Poter under the influence of alcohol with approximately 500 meters alcohol concentration of about 0.05% from a 500-meter radius to the front road of the White-ro 2319, in the front road of the White-do Office located in 10-3, Gyeongnam-gu, Gyeongnam-gun, Gyeongnam-gun, Gyeongnam-do.
Summary of Evidence
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 convictions in judgment: Application of criminal records, reply reports, and copies of summary order, one copy of the judgment;
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. Elements of sentencing unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order, and order to attend a lecture: The defendant, even though he/she was issued a summary order of a fine of one million won on June 14, 2019 due to drunk driving, driving under the same vehicle at the same time after four months from that date;
1. Sentencing elements: The defendant's mistake and reflects his mistake, and there is no criminal record other than twice fines.
In addition, the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and circumstances that form the sentencing as shown in the records and arguments of this case, including the circumstances after the crime.