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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 May 9, 2012, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) from the Suwon District Court within the jurisdiction of the Suwon District Court.
【Criminal Facts】
On September 21, 2019, the Defendant: (a) around 23:03, the distribution complex distance prior to the distribution complex distance in the Gu Hodong-dong during Ansan-si, and from around 1.6km to the front of the C funeral hall located in the same Gu B; (b) operated a DNA-to-pur motor vehicle with a blood alcohol content of about 0.080% while under the influence of alcohol, and violated the duty of prohibition on driving at least twice under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);
1. Previous for judgment: Application of criminal records, inquiry reports, investigation reports (a summary order attached to the same type of power);
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The grounds for sentencing under Article 62-2 of the Criminal Act include the defendant's previous convictions, and other various conditions of sentencing, such as the defendant's age, character and conduct, environment, background of the crime, circumstances before and after the crime, etc., shall be determined as the orders.