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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 became 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. Traffic accident reports, field photographs, notification of the results of crackdown on drinking driving, circumstantial statements of drinking drivers, and investigation reports (report on the circumstances of drinking drivers);
1. Previous records: Application of inquiries, such as criminal records, and summary order-related 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., circumstances favorable to the following reasons for sentencing):
1. The Defendant, with the reason of sentencing under Article 62(1) of the Criminal Act (i.e., favorable circumstances among the reasons for sentencing), committed a second offense because he/she had not been punished twice due to drunk driving, even though he/she had been sentenced to a fine.
Although it is not strictly punished, the defendant is against his or her will.
In addition, the defendant's age and health, family relations and living environment, details and result of a crime, and circumstances revealed in pleadings shall be determined as ordered in consideration of the overall circumstances revealed after the crime.