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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 March 4, 2016, the Defendant was sentenced to a fine of 1.5 million won for a crime of violating the Road Traffic Act at the Incheon District Court on March 4, 2016, and on August 25, 2015, the same court was sentenced to a fine of 1.5 million won for a crime of violating the Road Traffic Act.
【Criminal Facts】
On November 9, 2019, around 03:47, the Defendant driven a Dnish-do car while under the influence of alcohol leveling 0.160% of 0.160% of alcohol level up to the front road of the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement concerning E and F;
1. The actual survey report on traffic accidents;
1. A report on detection of a host driver;
1. Previous convictions: Application of criminal records and investigation reports (Attachment of criminal records of the suspect) 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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., reflectiveness, previous records of driving under influence prior to about four years, absence of any record exceeding fines, and disposal of vehicles);
1. Article 62 (1) of the Criminal Act;
1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;