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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 three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On January 5, 2015, the Defendant was issued a summary order of KRW 8 million with a fine of KRW 1,00,000 as a crime of violating the Road Traffic Act, and a fine of KRW 2 million with the same crime in the same court on August 15, 2011.
On July 5, 2018, the Defendant driven B 5 automobiles while under the influence of alcohol with approximately 0.114% alcohol concentration in blood from the section of approximately 2km from the front of the 172-14 Jin apartment-ro 172-14, Yangju-si, Yangju-si, Yangju-si, to the 95 Yang IC road, Yangju-si, Yangju-si, Yangju-si.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating drinking driving;
1. Results of response requested by the State and the relevant appraisal;
1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same type of force, etc.);
1. Article 148-2 of the Road Traffic Act and Articles 148-2 (1) 1 and 44 (1) of the same Act concerning the facts constituting an offense;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The grounds for sentencing under Article 62-2 of the Criminal Act for taking lectures and community service order have the same record of having been punished several times for the same crime even before.
Nevertheless, while driving on an expressway with alcohol concentration of 0.114% in the re-bloods, it caused an accident in which dives are being driven on the expressway while driving on the expressway.
In full view of the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the defendant's age, environment, criminal records, and alcohol concentration in blood, the punishment as ordered shall be determined.