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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 July 19, 2012, the Defendant was sentenced to one year of imprisonment and two years of suspension of execution for the crimes of violation of the Road Traffic Act in the Chungcheong District Court Support, etc. on July 19, 201, and on February 14, 2011, the same court issued a summary order of KRW 2 million for the crimes of violation of the Road Traffic Act, and on November 25, 2008, a fine of KRW 700,000 was issued by the same court.
【Criminal Facts】
On May 28, 2019, at around 21:58, the Defendant driven a fluent car with an alcohol alcohol concentration of about 500 meters from the front of the 500-meter section from the “C” restaurant in the Cheongbuk-gun B to the front of the E convenience store.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Investigation report (report on the circumstances of an immigration driver);
1. Notification of the control of drinking driving;
1. Criminal records: Criminal history records, inquiry reports (former and verification), judgment, and application of Acts and subordinate statutes of summary order;
1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);
1. Article 62 (1) of the Criminal Act;
1. Probation, community service order, and order to attend a lecture under Article 62-2 of the Criminal Act, even though they had been punished several times due to drinking driving for the reason of sentencing, they again lead to a crime, taking into account the fact that the blood alcohol concentration was high. However, a sentence shall be determined, taking into account the period of recidivism, circumstances of the crime, criminal records, circumstances after the crime, and other sentencing conditions, and probation, etc. shall be added.