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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 three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal history] The Defendant was sentenced to a fine of one million won for a crime of violating road traffic law in the assistance of the Sugwon method in Ansan, July 4, 2014, and a fine of 1.5 million won for the same crime in the same court on April 6, 2015, and a fine of 1.5 million won for the same crime in the same court on November 19, 2015, respectively.
[ 범죄사실] 피고인은 2018. 01. 13. 22:37 경 시흥시 정왕동 불상의 장소에서부터 같은 동 2161 소재 수자원공사 사거리까지 약 1km 가량 혈 중 알코올 농도 0.074% 의 술에 취한 상태로 B K3 쿱 승용차를 운전하였다.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Previous convictions: Inquiry into criminal history, report on investigation (Attachment to the same type of judgment, etc.), and application of the statutes of the judgment;
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The punishment as ordered shall be determined by comprehensively taking into account all the conditions of sentencing indicated in the records, such as the defendant's age, sex, environment, family relationship, and circumstances after the crime, with the following normal relation with the reasons of sentencing under Article 62-2 of the Criminal Act:
- Unfavorable circumstances: The fact that there are many kinds of electric power units and favorable circumstances: The fact that confessions and reflects a crime, the fact that drinking is relatively low, and the intention to repent is obvious, such as selling a driver's vehicle.