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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
On November 4, 2011, the Defendant was sentenced to a fine of KRW 4 million due to a violation of the Road Traffic Act (driving) in the Gyeyang Branch of Suwon District Court on November 4, 201, and a fine of KRW 1.5 million due to the same crime in the Ansan Branch of Suwon District Court on January 13, 2012.
around 15:35 on November 13, 2013, the Defendant driven Bsch-ton car at approximately 2 km to the road front of the Cheongnam Cheongnam-gun, the Cheongbuk-gun, the contact of which is 0.135% under the influence of alcohol with blood alcohol content.
around 23:41 on November 13, 2013, the Defendant driven Bschton car at approximately 28km from the front side of the front side of the Yannam-gun, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do to the front side of the 297.2km-ro at the Yandong-gu, Chungcheongnam-gu.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused by prosecution;
1. Report on detection of a drinking driver, report on the circumstances of each drinking driver, and report on the results of the regulation of drinking driving;
1. Before judgment: References to criminal records and investigation reports, and the application of statutes applicable thereto;
1. Relevant provisions of the Road Traffic Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the punishment for a crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the provision of community service and order to attend a lecture is that the Defendant had already been punished twice due to drinking driving, but was under the influence of drinking, and the nature of the offense was not somewhat weak in that the Defendant drives again in drinking condition, even though he was under the influence of drinking. However, considering all the circumstances, such as the fact that the Defendant is against the nature of the offense and the mistake is divided, and that there was no record of being sentenced to a more severe punishment than a fine for the last ten years, the execution of imprisonment will be suspended only once.