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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 7, 2008, the Defendant issued a summary order of a fine of one million won for a crime of violating the Road Traffic Act at the Incheon District Court, and on January 30, 2009, a summary order of a fine of 2.5 million won for the same crime from the Yongsan District Court's High Court's High Court's High Court's Goyang Branch.
On October 11, 2015, the Defendant driven B truck under the influence of alcohol content of approximately 0.226% during blood while driving the B truck from the front Do to the front Do road of the Seocho-gu Seodong-dong, Seoyang-dong, Seoyang-dong, Seodong-dong, Seoyang-gu, Seodong-dong to the ecological direction at the same time.
Summary of Evidence
1. Statement by the defendant in court;
1. Each previous offense indicated in the principal driver's circumstantial report;
1. Written inquiry about criminal history, etc.;
1. Application of Acts and subordinate statutes to investigation reports (former and attachment of judgment);
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) of the Road Traffic Act concerning the facts constituting an offense;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of and Order to Attend Courses;
1. The scope of punishment by law: Imprisonment with prison labor for one year and three years;
2. Whether or not to apply the sentencing criteria: Offenses against which the sentencing criteria are small and the sentencing criteria are not set; and
3. A suspended sentence of two years, etc. for one year (the same criminal record and relationship of the accused, the fact that the accused has no criminal record nor more than a suspended sentence, the circumstances of the crime, the fact that drinking is high, the fact that the accused commits a mistake, the age of the accused, the sex of the accused, etc.);