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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
1. The Defendant of criminal records is a person who received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act at the Seo-gu District Court Branch on May 21, 2007, and a summary order of KRW 4 million as a fine for the same crime in the same court on November 4, 2013, respectively, and on which the order became final and conclusive.
2. On October 4, 2018, the Defendant driven a B car at a distance of about 500 meters from the front day of the Yongsan-gu public parking lot in Yongsan-gu, Daegu-gu to the front day of the Yongsan-gu road in the same Dong, while under the influence of alcohol by at least 0.14% of the blood alcohol content around 22:43 on October 4, 2018.
Summary of Evidence
1. Defendant's legal statement;
1. Arrest report on the occurrence of the case, report on the situation of a drinking driver, notification of the results of the drinking driving control, and inquiry into the results of the drinking driving control;
1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;
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. The reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture, despite the fact that the defendant was punished three times for the same crime, is also under a disadvantage.
However, considering the fact that the defendant confessions the crime of this case and repents his mistake, there is no record of punishment exceeding the fine, and the age, character and conduct, environment, family relationship, means and result of the crime of this case, the punishment as ordered shall be determined in consideration of all the sentencing conditions shown in the arguments of this case, such as the circumstances after the crime.