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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 October 27, 201, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act (driving) from the Changwon District Court’s branch on October 27, 201, and received a summary order of KRW 1,50,000 from the Changwon District Court’s branch on April 29, 201 as the same crime.
【Criminal Facts】
The Defendant, as above, was a person with the power of violating the prohibition of driving regulations under the influence of alcohol, driven a motor vehicle under the influence of alcohol at approximately 0.159% of alcohol level from the front of the “Cju store” in the Tong-si B around 23:15, 2019 to the front road in the Tong-si, Tong-si.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the result of the drinking driving control;
1. Previous conviction: Application of two copies of summary order Acts and subordinate statutes;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;
1. The scope of punishment by law: Imprisonment with prison labor for one year to two years; and
2. Setting the sentencing criteria not;
3. Determination of sentence: Determination of sentence of imprisonment with prison labor for one year, suspended sentence for two years (40 hours of social service, 40 hours of participation in the compliance driving lecture), blood alcohol density, the progress and distance from driving, the defendant's previous records (two times of fine), the defendant's age, character and conduct, environment, and circumstances revealed in the trial process of this case, such as the defendant's age, character and behavior, and circumstances after crimes, shall be determined as ordered;