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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 September 11, 2008, the Defendant was issued a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act in the Changwon District Court’s Tong-gu branch.
【Criminal Facts of Crimes】 On December 7, 2019, the Defendant driven a vehicle C for riding on board C with a blood alcohol level of 0.161% under the influence of alcohol level 0.161% from the front of the relevant river in front of the relevant river in front of the relevant river in front of the relevant river in front of the relevant river in front of the relevant river in front of the b apartment.
Accordingly, the defendant violated the prohibition of drinking driving (Article 44 (1) of the Road Traffic Act) not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control of drinking driving;
1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act;
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 by comprehensively taking into account the various circumstances revealed in the trial process of this case, such as one year of imprisonment, two years of suspended execution (40 hours of study in the quasi-driving Course), the fact and distance from the driving, the defendant's previous conviction (two times of fine), the defendant's age, character and conduct, environment, family relationship, etc.;