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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 June 19, 2019, at around 23:36, the Defendant driven CM5 car under the influence of alcohol by 0.259 percent of alcohol concentration from the front of the water station located in 69-3 to the front bus stops of the same Gu from the water station in Suwon-si to the water station in front of the same Gu B apartment.
Summary of Evidence
1. Defendant's legal statement;
1. Report, etc. of the state of driving;
1. The application of Acts and subordinate statutes of the blood alcohol appraisal statement;
1. Article 148-2(2)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant had been punished twice for drunk driving prior to the instant case.
The blood alcohol concentration of this case was very high, and traffic accidents occurred.
However, considering the circumstances such as the fact that the defendant reflects the crime, the above drunk driving years are 200, 2003, and there are no other criminal records, and there are no special damages due to traffic accidents, the sentence of the defendant's sentence is harsh.
In full view of all the sentencing conditions shown in the records of the instant case including the above circumstances, it is so decided as per Disposition.