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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 January 8, 2010, the Defendant was sentenced to a summary order of KRW 2 million due to a violation of the Road Traffic Act (driving) in the Jung-gu District Court Goyang branch on January 8, 2010, and a summary order of KRW 4 million due to the same crime from September 26, 2014 to a fine of KRW 4 million due to the same crime on September 26, 2014 and was punished twice or more as a violation of the Road Traffic Act (driving).
On June 15, 2019, around 00:47, the Defendant driven an Oralb, under the influence of alcohol concentration of about 0.202% from the 3km section, from the front of the Goyang-gu apartment site B in Goyang-gu, Goyang-gu to the front of the entrance of the Dsan Complex in the same Gu C, to the front of the entrance thereof.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the situation of a drinking driver, and the results of the control of drinking driving;
1. A written appraisal of blood alcohol;
1. Previous convictions indicated in judgment: Application of criminal history records, inquiry reports, and criminal investigation reports (the attachment of criminal records before a third class of sound driving);
1. Article 148-2(1)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 sentencing of Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service, based on the following factors: (a) although the defendant had a record of being sentenced to a fine twice due to drunk driving, he/she re-driving; (b) the background leading up to the drunk driving; (c) the distance of driving; (d) the blood alcohol concentration at the time; (e) the time and interval between the crime of drunk driving and the crime of this case; (c) the time interval between the crime of drunk driving and the crime of this case;