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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On October 5, 2009, the Defendant received a summary order of KRW 700,000 as a fine for a crime of violating the Road Traffic Act (drinking driving) from the Jung-gu District Court, and on June 30, 2014, the same court received a summary order of KRW 3.5 million as a crime of violating the Road Traffic Act (drinking driving).
Criminal facts
Even if the Defendant violated the provision prohibiting driving of alcohol twice or more, the Defendant again, in violation of such provision, driven B ma under the influence of alcohol with a 0.104% alcohol concentration from the 5km section of approximately 0.104m-ro 230-28, to the 230-28 front roads of Gyeonggi-si, a dong-gu Dobcheon-si, a Dobcheon-si (hereinafter referred to as the “Dobcheon-si”) on January 4, 2017.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s statement;
1. A survey report on the actual condition and a statement on the circumstances of the driver involved in driving;
1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;
1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for and unfavorable circumstances of sentencing under Article 62-2 of the Criminal Act: Two times of the same kind of electricity, the higher alcohol content during blood (0.104%) and the higher circumstances that cause a traffic accident (physical accident) due to the driving of the instant drinking: Determination of a sentence that has no criminal record of the same kind of suspension of execution or higher: Other factors such as the defendant's age, sex, environment, motive for the crime, circumstances after the crime, etc.;