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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 March 13, 2018, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (driving) at a water source method source.
피고인은 2020. 07. 14. 23:20 경 수원시 권선구 B에 있는 상호 불상의 쭈꾸미 음식점 앞 도로에서부터 수원시 권선구 C 아파트 앞 도로까지 약 1.5km 구간에서 혈 중 알코올 농도 0.100% 의 술에 취한 상태로 D 팰 리 세 이드 승용차를 운전하였다.
Summary of Evidence
1. The defendant's legal statement concerning the situation of the driver who is placed in the main place, the report on the situation of the driver who is placed in the main place, and the investigation report (the situation report of the driver
1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;
1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020) on criminal facts
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend the lecture of this case committed the instant crime even though the Defendant was punished by a fine due to drinking alcohol for a period of two years prior to the death of the Defendant, the blood alcohol level of 0.100%, the Defendant recognized the crime, and the Defendant did not have any record of punishment exceeding the fine, and the Defendant’s age, sex, sex, environment, motive, means and consequence of the crime, and the conditions of sentencing as set forth in the arguments of this case, including the circumstances after the crime, shall be comprehensively taken into account.