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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 June 5, 2009, the Defendant was sentenced to a suspended sentence of 4 months for a crime of violating the Road Traffic Act at the Changwon District Court on the following grounds: (a) on June 15, 201, the Defendant was sentenced to a suspended sentence of 2 years for a crime of violating the Road Traffic Act; and (b) on June 15, 201, the Defendant was sentenced to a suspended sentence of 2 years for a crime of violating the Road Traffic Act at least twice.
However, on January 4, 2016, the Defendant driven a B B B B B B B B B m in the section of about 1km from the front side of the common bathing beach located in the north-dong, 0.118% of alcohol level among blood transfusions at around 01:45, to the front side of the common bathing beach located in the north-gu, Mapo-dong, Mapo-si to the front side of the mountain 35, located in the same coast.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to report criminal investigations (A), and other references;
1. Relevant provisions of the Act 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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that there are two times a suspended sentence due to a crime that includes the driving of drinking alcohol, the fact that there has been two times a fine, the circumstances favorable to the fact that the drinking value is high: The fact that the driver does not cause a traffic accident due to a simple drinking driving, the fact that there is no criminal record, and the fact that there is no criminal